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Re: [RC] RE:[liability and neighborhood kids?] - Laney Humphrey

Very well put, Sandra! The professional trainers I worked for were heavily insured. Finding good insurance coverage for horse activities is very hard from what I observed but it is out there. And you sure are correct, that most people have no comprehension of horse dangers. I ride a lot in a public park where lots of families walk and hike the trails. At least once a ride, some parent will ask if their kid can pat my horse. Fortunately, he is good about it but I lay down very firm "rules" before allowing the kid to come close. The parents are often surprised but then pleased when I explain that I want their child to be safe.
Laney


Sandra Walker wrote:
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).

www.fieldofdreams-sfw.com <http://www.fieldofdreams-sfw.com/>







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Replies
[RC] RE:[liability and neighborhood kids?], Sandra Walker