My Horses and Neighborhood Kids

[Fullmoon]

I have lived in the country for 17 years and for 15 we had very few neighbors. Two years ago they started a housing addition right across the road from us. Yippee Yeah! NOT!! I moved to the country for a reason. But here is the problem I’m having………

Several weeks ago two little girls (10 & 14) saw me down by my gate and came over wanting to see the horses. I love to show them off so I brought them in. We have 2 big horses, 4 minis and 2 dwarfs. The dwarfs don’t care for kids (they move too fast and are too loud) so they played and loved on the minis. They asked if they could come back and I told them that only if they call first and I’m home. I got to noticing that they would call my cell phone 4 to 5 times in a row (I am one of those people that don’t carry my phone with me 24/7) so I had to tell her to only call once and I’d get back with them if they can come over. They’ve been over several times and are very polite and seem to have a great time. Now there are several girls that come.

A friend of mine asked me what would happen if one of them accidentally gets hurt? Well, that got me to thinking and now I have these huge black thoughts running rampant in my mind about getting sued and losing everything that I’ve worked my whole life for. I am going to call a lawyer to find out what the laws for Arkansas are but was wondering what everyone else does to insure liability for themselves?

It’s a shame that things have changed so much since I was little. This is such a sue happy world anymore. Not one of the parents has made an attempt to come over to meet me and I know that they are aware the girls are coming over. Inquiring minds want to know ~ “What would you do in my place“?

 

[HGFarm]

Oh boy, tough situation.

I would advise their parents and make SURE it is ok that they come over. Do the parents even know where they are? Yes, in this world, I would be very careful!!

For particular reasons of not wanting our months of training messed up, horses injured or damaged, and being sued if someone got hurt, we never allowed anyone to ride our big horses. This still holds true today. We have just never 'loaned' our horses, or gear out, as it doesnt seem to come back in the same condition that it left in!!!

I would limit their visits, and only if the parents know they are there. Also, would it be legal for the parents to sign a waiver? You might want to look up the laws in your state... my neighbors were told that the horses could be an 'attractive nuisance' and if someone got hurt they are liable. But, there are signs on their fences now that a state law allows them to post that basicly says according to law XXX??? they are not responsible for any injuries, etc.. that may happen on their property.

We are also being surrounded by homes and more non horse people...........

:

 

[jlh]

http://www.arequinefoundation.org/

News: July 18, 2002

Insurance Companies Requiring Liability Signs Posted

Most insurance companies that cover horse related businesses are now requiring that the State's Limited Liability Signs be posted prior to the policy being in effect. Every since the passage of the law in 1995 there has been a lot of confusion about the signs. A lot of people think that they are covered by their General Liability portion of their property insurance. This is just not true where equine are involved. Even with business insurance, unless it is a special Equine Business policy, owners are not covered in the case of accidents caused by horses, mules, donkeys, burros, etc.

The wording of the Arkansas Law confuses many people because it states that an "Equine Event Sponsor" is not liable for death or injury to a "Participant" in Equine Activities. Lots of folks think that the law pertains only to events like horse shows, rodeos, team pennings, barrel racings, etc. That is not really so. The law has a very broad definition of "Sponsor" and "Participant". For instance, if you invite me to your farm to try out a horse you have for sale, you become the "Sponsor" of the event and I would be the "Participant". That also holds true in cases where you invite your friends out to see the new foal or just any number of things that take place where horses are on the property.

I just received an email from Dr. Nancy Jack advising me that she has been called to testify as an expert witness in a equine lawsuit that might have been averted if the proper sign had been posted. Lawsuits are extremely time consuming and costly and rarely does anyone "win". Posting the sign can eliminate many folks ability to sue and have been tested in court in Arkansas quite a few times since passage of the law. I'm not advocating that anyone cancel their insurance and just post the sign but if you don't have anything else, you should at least have the sign posted. It is the cheapest insurance anyone can get and it is a definite deterrent to those kind of folks who are "sue happy" to start with.

The AHC has been selling the signs since 1995 and ours are the best quality that I have seen so far. They are 18X24", heavy duty aluminum, reflective and are pre-drilled for easy hanging or mounting. The price is all inclusive $45 and they are manufactured and shipped out of Little Rock by the Interstate Highway Sign Co. Orders can be placed by calling the AHC office and sending a check or by accessing the link below and using a credit card. Phone in orders to (870) 446-6226 or order below.

By law only one sign is required to be posted but it must be on the entrance to the property or some prominent place where people cannot miss seeing it. You can also make your own if you wish as long as it goes by the specifications required by law. Believe me, many have tried, but you won't be able to make one that will last as long as ours or look as nice. Besides, the Arkansas Horse Council needs and appreciates your support. If you would like to access all the latest Equine related information on a state and national level, join [email protected]. The archives are a treasure trove of educational material.

http://www.arequinefoundation.org/

 

[Al B]

I'm NOT a lawyer but:

You most likely would be held liable under the "Attractive Nuisance" doctrin if you weren't there and they came over, even uninvited, and got hurt. Google it.

Even if you were there and they got hurt you probably would be held liable for negligence.

Now most states have the equine practices law which protects the property owner if a person gets hurt while "participating in normal equine activities". Does this count?

So, whether you would win or not is a toss up. I would definately talk to their parents and a local equine lawyer. Also have an umbrella liability policy that covers the horses.

 

[Pepipony]

Isnt it horribly sad that we sue others because of our own ignorance or stupidity? Ah yeah dimwit, coffee can be hot

: , what did you expect, it to be cold?

I agree with you with the black thoughts. Cant say they are black though, since they are warranted.

 

[nootka]

I would contact the parents and discuss with them a few things such as perhaps wanting them to know that the girls were coming over and that you asked them to CALL first and you want them not to come into the pasture when you are not there as there is a HOT wire to keep out dogs (I would put one up if there isn't, it won't kill anyone, but getting shocked is a pretty good deterrent for just about anyone), and you don't want the girls to get hurt that way or by the horses and maybe make them sign something that outlines what you need from them in the way of permission or what information you find out legally.

Sad that we have to protect ourselves this way from situations like that, I can't IMAGINE having my kids on other people's property and then feeling I had to sue them if they got into trouble from not listening or me not being vigilant.

Good luck!

Liz M.

 

[Lisa-Ruff N Tuff Minis]

I'm NOT a lawyer but:

You most likely would be held liable under the "Attractive Nuisance" doctrin if you weren't there and they came over, even uninvited, and got hurt. Google it.

Even if you were there and they got hurt you probably would be held liable for negligence.

Now most states have the equine practices law which protects the property owner if a person gets hurt while "participating in normal equine activities". Does this count?

So, whether you would win or not is a toss up. I would definately talk to their parents and a local equine lawyer. Also have an umbrella liability policy that covers the horses.

I totally agree with Al and those signs are great but do not protect you fully especially in a case of minor and an attractive nuisance. HOme owners doesnt always cover stuff like that either fully.

I would call a equine insurance company you can get the policy AL is talking about and it really isnt that expensive.

 

[Minimor]

I had this problem quite a few years ago. There was one family with 6 kids ranging from 4 to 12 years. It got so they were coming over every single day. We only had big horses at that time, and the horses were not used to kids at all. They were good though and tolerated all these little urchins running at them from front, back & sides. I'd tell the kids over & over about proper safety around horses, but kids being kids they paid little attention. Then they'd be in the yard climbing on the hay bales & straw stack--just into everything. They'd be barefoot; one kid got in trouble because he wore his good church shoes over here to muck around in the barnyard. The parents didn't care at all where the kids were, but I know that would have changed in a hurry if one of them got hurt while they were here! I checked with our insurance company & was told at that time that our farm liability insurance would cover us if something went wrong. I don't know if that would still apply now; this was 9 years ago.

Then these kids started bringing their church friends over, so then we had more kids. (Have I mentioned I am not a "kid person" at all???) In the yard was a little pile of spoiled hay that I hadn't gotten around to hauling out to the dump yet. I caught one of the friends trying to feed some of it to one of the mares; this particular mare would colic if she ate the slightest bit of anything like that--I told the girl to please not feed that to the horses, pick some grass instead. The girl dropped the hay, but a couple minutes later when I turned around, there she was throwing a chunk of that same hay over the fence. I raised my voice that time, and she muttered something. I asked her what she had said & surprisingly she repeated it. "what a grouch" Okay, she wanted grouch, she got grouch after that!! :new_shocked: The kids cleared out. They did come back later & the girl apologized, but that was the last time we had that horde of children over here. I had only one thought about them: Good riddance!!

But to get back on topic....I don't believe that signs are any protection from a lawsuit when children are involved, though perhaps age of a child makes a difference. A teenager can read & should comprehend signs; if a 3 year old toddles in & gets hurt, that's a little different. You are required to keep that child away from your horses.....though I've never figured out why the parent isn't responsible for keeping their child off your property & away from your horses?