[RC] RE:[liability and neighborhood kids?] - Sandra Walker
I’m not a lawyer but I am a professional (whatever
THAT means! LOL) trainer/clinician so I’ll share my story with you.
First off, I’ve got a small spread (21 ac.), a house, barn, covered arena,
etc. and so had everything insured with State Farm (I’m in TX). I’ve
never had an insurance claim, no lawsuits, nothing. Then two years ago my
agent calls me and tells me my policy will be cancelled when due in a couple
months. Surprised, I asked why. He asked “You still have horses don’t
you?” “Yes”, I replied. “Well, we’re not
writing policies to cover that anymore. We’re just interested in the
single family home market these days.” I said in a not-so-happy
voice “Well I guess you’d better remove the “Farm” from
State Farm then.” He told me not to be that way and I said “Well
just what WAY do you EXPECT me to be!!!” I was pissed. So I
started calling some of the horse insurers I knew about and they’d heard
the same thing about State Farm and others. It was explained to me that too
many people have little “ranchettes” with a horse or cow or two and
people are getting hurt and suing and the regular policies weren’t
designed to handle these problems AND may refuse to cover them when they really
need it. I was told that if people have horses they are required? (at
least I am) to carry liability insurance on top of their home and barn
coverage. Sooooo, after much cost and coverage comparison, etc. I bought insurance
from a Texas company called Horse Insurance Specialists, Inc. to cover the farm
AND my business (which I really needed anyway so in the end this was a good
thing since it forced hubby to let me buy coverage) which doubled my yearly
insurance cost. But I got quotes that ranged from $3,700 to $8,000 for the SAME
coverage (the underwriter on mine is One Beacon…Google it) so you really
have to call around and shop. And this company lets you pay in several payments
without interest or fees so that’s a big help for people caught off guard
when their Sh$t Farm Insurance Company cuts bait on them and their costs suddenly
rise faster than gasoline!
I am sharing my background information to show you that while
you may not “be worried” you can bet your insurance company will be
plenty worried if they hear of your activities unless you have already bought
specific farm/trainer coverage. Granted, you are not charging money, but people
can sue just the same. Did you know that even though a child can’t sign
and be held to a release of liability that when they turn 18 they CAN come back
and sue you because the statute of limitations doesn’t start until they
are 18? My lawyer told me that in the end it doesn’t matter what you have
someone sign, they can still sue and your best bet is to have good insurance and
as much dollar coverage as you can reasonably afford. I no longer work with
kids because I’ve found that most parents, no matter how many true horror
stories I tell them, still don’t grasp how dangerous horses can be. The
only families I will work with are the ones that already have horses and
parents that are horse people. I will train the parents and their horses
together, then whatever they decide to teach junior is their business. Yes, I
could still get sued but at least I’m not around when little Susie eats
her first dirt dinner.
I hear sirens going off for your situation. If I had a
divorced Dad do me that way I’d end that deal pronto. He already knows
you have not required his daughter to wear a helmet; how do you think that will
sound to a jury and expert witnesses for the plaintiff? I don’t
even work with adults who are lawyers or are married to one or who have family
members who are lawyers. Yes, I know this could get out of hand, but I figure
the more of them I send down the road the better. LOL One day I had a man and
his kids stop by at my gate wanting to come in and “pet the horses”
and I said no. He looked confused and I said “Your kid gets hurt and your
health insurance company sues me for reimbursement and you have no control over
it. I’m sorry but it’s too much liability.” He was
surprised but understood. You know, I felt so badly for the kids because they didn’t
understand. It bothers me that I can’t feel financially safe working with
kids because I am a darn good trainer and teacher, but I’ve worked too
hard for what I’ve got to continue taking on the added liability of kids.
As a final note I will tell you that when working with kids
you need to have BOTH parents, custodial or not, sign a release. And when I
worked with kids I required them to wear a helmet at all times around the
horse, only gave private lessons, never let them bring a friend to watch, and
required one parent to stay the entire time and watch the lesson. I hope for
the child’s’ sake you find a way to make it work but I would sure
be careful. Good luck to you! J
Sandra Walker (who after several years of lurking and
enjoying your escapades has decided that I’d like to give this sport a
try in the next year or so).
