Liability

[lyoness@castlenet.com (Joane White)]

Hi,

First, I read the article.  It would be basically accurate for California or
New York.  In Utah, we have the lowest suit rate in the country and also the
lowest awards.  My wrongful death of a Spanish Fork Man and the
disfigurement of his wife 2 years ago was close to a state record at 2
million.  In California it would have been 10 times that.

Injured children in Utah are a little higher in awards because they have to
have care longer but even then, the awards are quite low. Our Awards for
dead children are the lowest in the country.  Try telling some parent that
their child's death is valued at $25,000 by an adjuster. It is almost like
children are expendible in Utah--just have some more theory.

So,  keeping in mind that we are the least litigious state in the Union with
the lowest recoveries and we are also big horse investors, the article is
rather exaggerated for our world.  

I do recommend warning signs but right now our statute does not expressly
require them like some states.  I suspect you are reading about some of the
states where the statute requires that you post the law to have it be
effective.  Ours does not but it is still a good idea.  The insurance link
on the website I gave you has every state's statute--several have actual
language that you could use.  Basically it warns that all equine activities
are inherently dangerous and can result in serious injury or even death.
That participation is done at the rider's risk.  That will protect you from
"inherent equine risks"; it won't protect you from your own negligence.
Here is where a waiver signed by the rider can be helpful but will still not
be protection for negligence.  

If there are dangerous places on the property, post them.  Always remember
that young children are presumed not to read warning signs.  For example, if
young children have access to swimming pools, the owner is going to be held
responsible if a child drowns and all the signs in the world will not help.
Qualified supervision for young children is very important.

I would also put a general warning sign at the start of a jumping or cross
country course.  

Be very careful about your tack and horses.  Faulty equipment or bad
temperment in a horse are the most common causes of injuries. You insure for
neglience and have your carrier help you assess your areas of liability and
help you address them.  Always use an experienced equine carrier--look at
those on the Website I sent you.  Poor insurance companies are a terrible
risk.  

Silver liked the "presentation gallop" until we got to the waving flags!
You could hear us coming a mile away in our squeaky new western saddle.

Joane
                                 


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