How to Limit Your Liability When Offering Horseback Rides

I offer guided horseback riding to the public for a fee. Can I limit my liability by requiring riders to sign a release?

While horseback riding has always been a popular recreational pursuit, the activity presents a number of inherent risks of injury that are simply beyond the control of even the most careful owner or operator. The prior horseback riding experience of a customer can vary greatly, and an inexperienced rider is more likely to have difficulty mounting, dismounting, or controlling the horse.  The animals themselves can be unpredictable, and may without warning kick or throw a rider.  Customers injured as a result of a horseback riding accident often file lawsuits claiming that their injuries were the result of negligence on the part of the owner or operator.

To limit this potential liability, many horseback riding operators require customers to sign a “pre-accident” release which exempts the operator from liability for any accidents or injuries which may result from the activity, even if resulting from the operator’s negligence.  These releases, however, may not be strictly enforceable under New York law.

Make Sure You Know What the Law Says

General Obligations Law § 5-326 renders void as against public policy any agreement or contract between the owner of a “recreational” facility and a user who has paid a fee for admission to, or use of, that facility which exempts the owner or operator from liability for damages caused by the owner’s negligence.  The original intent of the statute was to address language commonly found on the back of admission tickets, usually in very small print, which provided that by accepting the ticket the ticket holder agreed to release the operator of the facility from any liability or damages.  This practice was considered unfair since most fee-paying users were unaware that by simply accepting admission to the facility, they were absolving the owner or operator from any negligence and waiving their right to pursue a claim.  Although the original purpose of Section 5-326 was to address “small print” releases on the back of admissions tickets, the statute applies equally to void any release obtaining by the owner or operator of a recreational facility who charges admission or otherwise collects a fee from a user.

Courts have interpreted the statute broadly to cover a wide variety of “recreational facilities” and other establishments.  For example, at first glance, horseback riding would not appear to be covered by the statute since the activity of horseback riding dies not take place in a “facility.”  However, New York courts have held that the term “recreational facility” is broad enough to cover fee-based recreational activities which take place outdoors.

While the statute applies to “recreational” activities, Courts have held that it does not apply to “instructional” activities.  If the horseback riding is offered as part of an instructional or training program, for example, Section 5-326 would not apply and any release signed by the student/customer would be enforceable.  The fact that some form of instruction or guidance may be involved as part of the horseback riding activity, however, does not necessarily mean that the activity will be considered “instructional” in nature.  If the instruction is simply collateral to the otherwise recreational purpose of the activity (for example, a trail guide demonstrating to a customer the proper way to mount a horse), Section 5-326 would likely still be deemed to apply.

Releases May Still Limit Your Liability

Although likely unenforceable under General Obligations Law § 5-326, a pre-accident release signed by a customer may nevertheless provide a basis for limiting the potential liability of an owner or operator.  New York law has long recognized that many recreational activities carry an inherent risk of injury to those who chose to participate.  Under the “assumption of risk” doctrine, a person who voluntarily participates in a recreational activity is deemed to have accepted the risks of injury which are inherent in the activity, thereby limiting the liability of an owner or operator if such injuries occur.

Application of the assumption of risk doctrine often turns on the question of whether the participant understood and appreciated the risks inherent in the recreational activity.  In that regard, having a customer review and sign a pre-activity release will ensure that the participant was fully informed of the potential risks of injury inherent in the activity, and voluntarily elected to participate notwithstanding those risks.  Even if the release turns out to be unenforceable under General Obligations Law § 5-326, the release will provide strong evidence that the customer was warned that he or she was about to participate in a potentially risky activity, and the owner or operator should get the benefit of the assumption of risk doctrine.

Have you been named in case involving injuries sustained during a horseback ride? Our personal injury lawyer can help you reach a favorable outcome to your case. Get in touch with us to schedule your free confidential consultation today.