OklahomaHorses Magazine May 2022

18 OklahomaHorses • May/June 2022 Equine liability varies from state to state Oklahoma, Arizona, and Kentucky have common and unique attributes by Adam M. Trenk, Esq. T he United States as a federal system dictates that despite living and doing business in a single country, the laws that apply to, shape, and impact our busi- ness activities can vary greatly based on ex- actly where we are. Each state in the Union has the autonomy to create its own laws specific to its jurisdictional limits. Because professional and hobbyist horsemen and horsewomen frequently travel across state lines, it is important to know and under- stand the differences in laws that apply to you wherever you are. For purposes of demonstration, we will look at the subtle but important variations in equine liability statutes in three states from around the country — Kentucky, Oklahoma, and Arizona. The equestrian industry thrives in each of those jurisdic- tions despite their geographic separation and varying climates. Interestingly, each has common elements and unique attributes about equine liability laws. Common elements in equine liability The common elements in the equine liability statutes of Oklahoma, Arizona, and Kentucky require a horse owner who fur- nishes a horse for use by another person to do the following to avoid liability for injury incurred by the participant: • ensure that equipment such as saddles and tack are properly functioning • take reasonable measures to assess the skill level of the user and pair the user with the appropriate horse • not commit any acts or allow omissions in a manner that is in willful or wanton disregard for the safety of the participant or purposefully causes harm • disclose any known hazardous or danger- ous conditions In Arizona, the law (A.R.S. § 12-553) further requires the horse owner to have the participant execute a liability waiver disclosing the inherent dangers associated with equestrian activities for the owner to be insulated from injury. The Arizona law further distinguishes between a horse owner and the property owner where the equestrian activity might occur. That distinction might date from the time of Arizona’s establishment as a state and the vast expanses of public land. It is only the horse owner who must secure a waiver. The landowner is not required to have an executed liability waiver for protection. Thus a necessary step to protect the public interest is removed if equestrian activities occur on public lands.