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Membership Services The Unique Relationship Between Horse and Man For six thousand years the horse has been the transportation, friend, and burden bearer of man. The horse has been romanced for his nobility, spirit, strength, speed and beauty in poetry, art, and legend. Man’s relationship with the horse is truly unique and it is quite amazing that the horse with its prey animal mentality has become a willing partner in life with man – his once predator. The relationship is not without its problems, as horse and man are not always functioning together in sync and harmony. Therefore, because the horse is so powerful and judiciously cautious for its own safety, accidents do happen and people and property are sometimes hurt or damaged when coming in contact with horses. Historical Look at the Nature of the Horse Historically, the horse has been considered a domesticated farm animal, not a pet or companion animal to humans. Therefore the horse has not been considered a “dangerous” animal according to civil law. A lesser standard for liability is generally applied to the horse than for accidents involving wild animals, such as a tiger or bear, which might be kept by people in confinement for some purpose. This has been advantageous to the horse and horse owner when it comes to legal matters involving humans injured by horses. Due to their nature, size, and how horses are used, the term “inherent risk” is often applied to describe the hazards involved in the horse-human relationship. While this relationship has generally proven to be beneficial to both, bodily injury and property damages involving horses have resulted in a considerable amount of civil case law in the United States. Both civil case law and legislated laws generally carry a common thread of acknowledgement about the nature of the horse, his domestic animal status, and the inherent risks of the horse-human relationship. In spite of this, there remains concern today about the horse’s place in our hyper-safety-conscious society. Equine Activity Liability Limitation Laws and Their Value Due to increased litigiousness in the U.S., in 1989 horse enthusiasts began to understand the potential threat to the very survival of the horse industry and the American citizen’s right to participate in moderate, medium, and high risk adventure rugged-sport and recreation. Horse liability insurance by quality insurers was frequently unavailable, and this was a threat to horse owners and business operators. To its credit, since 1989, the horse industry in 46 states has been successful at passing some form of an Equine Activity Liability Law. These laws vary from state to state, but the intent of each is to acknowledge the inherent risks associated with horse activities and to limit liabilities for those who own, control or use horses, may own and operate horse businesses, or sponsor horse activities for the public. In many ways, the passing of these laws has been helpful, but it remains no guarantee that one will not be sued over an incident involving a horse. Even if a liability limitation law exists in a state, such a law does not prevent a horse owner, horse business operator, or benevolent horse association from being sued, from having to pay for defending themselves in such a case, and being responsible for paying of a claim. Any Horse Owner, Business Operator and Horse Association Can Be Sued and Can Be Liable Any horse owner, business operator, and horse association can be sued and potentially held liable in relation to any horse related damage or injury with which they are associated. Sometimes the law is quirky in its application, and one can be held liable even though he or she had little or no direct responsibility in an accident. Where the legal lines are drawn on horse related claims will continue to be worked out with each new law suit that is filed and each that goes to trial. The fact remains that lawsuits are expensive to defend, and with the legal system being what it is, there is no guarantee that a claim will not have to be paid. The struggle to protect the industry from inherent risk liabilities and to keep high quality liability insurance available will continue to be a challenge as the legal system becomes more sophisticated and worldly-wise. Formal Risk Reduction Programs and Better Contracts and Agreements for the Horse Industry How NAHA Can Assist To meet the more sophisticated requirements of the legal system, safety expectation by the public, and to maintain insurability, horse owners, business operators, and benevolent horse associations are finding it necessary to operate with a formal risk reduction program. A good risk reduction program includes the use of well-written industry contracts and agreements. Such programs assist in management of an operation or club, while helping to prove the safety consciousness of operators, managers, directors and officers. Safety consciousness translates into improved horse related accident rates and usually into less stressful day to day operations. In turn, this allows for better availability of liability insurance for the horse industry through the best insurance companies at competitive but adequate rates. NAHA has been the forerunner in the development of Risk Reduction Programs and Contract Models for the horse industry since 1987. Through NAHA membership services, those with horse interests can better evaluate their procedures for risk reduction in the management of their operations while functioning to maintain a stronger, safer, more insurable horse industry.
NAHA’s PURPOSES AND MISSION
NAHA MEMBER BENEFITS Equine Safety and Risk Reduction Information:
Awards Programs:
Insurance Programs through A-Rated Insurance Companies:
Equine Management Consulting Division:
• Download Membership Application Coupon here •
The North American Horsemen’s AssociationAdministrative Office:
Telephone: 320-243-7250 |
Ark Agency Animal Insurance Services