Go to the Equine Liability Warning Sign Order Form

The Equine Liability legislation was introduced by Representative Phyllis Pond and the bill, HB1551, easily passed through both the House of Representatives and the Senate. It was signed into law on April 28, 1995 by Governor Evan Bayh and became effective on July 1, 1995. The passage of this act is expected to slow, stop, or reverse the escalating trends in the cost of equine liability insurance in Indiana. This statute will help to preserve equine agriculture in Indiana by protecting horse owners, equine event sponsors, stable owners, or other equine professionals from liability for injury or death caused by the inherent risk of equine activities. It does not limit liability in cases of negligence and is not applicable to horse racing or spectators at equine events. The statute defines not only those risks inherent to the sport for which liability protection will be afforded, but also defines those areas of responsibility for which the operators of equestrian businesses shall be liable for loss, damage, or injury suffered by participants.

Although the focus of the new Indiana law regarding equine liability has been on the participant, the law also mandates certain responsibilities of the equine professional. The statute does not apply unless the equine activity sponsor or equine professional posts and maintains at least one location on the grounds or in the building that is the sight of the equine activity, a sign on which is printed the warning notice set forth in section 5 of the statute. Further, every written contract entered into by an equine professional for providing professional services or instruction or rental of equipment, tack or an equine to a participant must also contain this warning notice.

In addition to the warning notice requirement, the statute does not apply to the equine activity sponsor or equine professional who: (1) provided equipment or tack that was faulty and that caused the injury; and knew or could have known that the equipment or tack was faulty; (2) provided the equine and failed to make reasonable and prudent efforts based on the participants representations of the participants ability to: (A) determine the ability of the participant to engage safely in the equine activity; and (B) determine the ability of the participant to safely manage the particular equine; (3) was in lawful possession and control of the land or facilities on which the participant sustained injuries and knew or should have known of the dangerous latent condition that caused the injuries if warning signs concerning the dangerous latent condition were not conspicuously posted on the land or in the facilities; (4)committed an act of omission that constitutes reckless disregard for the safety of the participant and caused the injury; or (5) intentionally injured the participant.

So, in order to receive protection under the act: Post the required warning signs; Include the warning in written contracts; Check your equipment and tack to make certain it is in good repair and suitable for the intended purpose; Evaluate each participant's ability to engage safely in the activity and to manage the particular equine; Survey your land and facilities and correct dangerous conditions or post warning signs; Do not engage in acts of reckless disregard for the safety of participants; and, Do not intentionally injure any participant.

The law clearly requires detailed posting and notification of persons engaging in equine activities concerning the inherent risks of the sport, and mandate that participants recognize these risks and accept responsibility for themselves when they choose to participate. The passage of this legislation will allow stables, horse farms, and equine events to exist and operate while, at the same time, protecting the rights of persons injured due to negligence of another. The bill in no way establishes caps or limits on insurance awards, but rather seeks to define situations where the participant must accept responsibility for themselves for the inherent risks of participating in equine-related activities.

A very positive affect is anticipated by our industry with the passage of equine liability legislation in Indiana. However, this statute does not eliminate the need for liability insurance. The law is expected to make insurance more affordable and hopefully aid in stopping the fraudulent and frivolous lawsuits of the past. Therefore, always maintain adequate equine liability insurance.

If you have specific questions regarding this statute and liability insurance, please consult your personal attorney and/or insurance agent. A copy of IC 34-31-5 may be obtained by sending a self-addressed and stamped #10 envelope to the IHC office.

Indiana Horse Council
225 S. East St., Suite 738
Indianapolis, Indiana 46202

Go to the EQUINE LIABILITY WARNING SIGN ORDER FORM