Equine Liability Suits and Virginia Law

I am writing this article hoping it will help Virginia land owners and other equine professionals to relax and lower their blood pressure regarding liability for horse related accidents. I am a diehard horse enthusiast and have participated in a wide variety of horse sports for 34 years. Yet, within the past six months I have been asked to sign three Waiver and Release forms. Not only does this taint the initial stages of developing any new relationship, but it is also unnecessary.

Virginia has specifically adopted legislation to protect its valuable horse industry. The General Assembly recognizes that the horse industry is an important to the state's economy and has passed laws that limit the liability of individuals, organizations and corporations participating in, or providing services or facilities for equine sports. As a result, it is very, very difficult if not impossible to sue any person for damages resulting from an injury or death caused by a horse accident and win.

Liability suits for injury or death due to a horse accident are strictly prohibited. (Please see Virginia Code Section 3.1-796.132) This means no person may sue another for injury or death caused by participating in a horse activity. This includes parents of children who participate in equine activities and who are subsequently injured. Furthermore, Virginia Code Section 3.1-796.132 forbids any recovery from such an action.

However there are three limited exceptions to this rule, and all three exceptions are very difficult to prove in a court of law. A liability action against an equine activity sponsor or equine professional will be permitted under the following circumstances if:

1. An equine activity sponsor or equine professional intentionally injures the participant, or
2. An equine activity sponsor or equine professional commits an act or omission that constitutes negligence for the safety of the participant, and such act or omission is proved to have caused the injury and/or death, or
3. An equine activity sponsor or equine professional knowingly provides faulty tack or equipment and such tack or equipment is proved to be faulty to the extent that it did cause the injury or death of the participant. (Virginia Code Section 3.1-796.133)

An equine activity sponsor includes any landowner who allows others to ride across his/her land.

In conclusion, law suits against another party for injuries resulting from participation in horse sports are prohibited in the state of Virginia. The General Assembly recognizes the inherent danger associated with horse sports and understands that the participants in such sports are voluntarily assuming the risk of injury and or death. Therefore, relax and allow riders to enjoy your land. Happy Trails!

Written by: Lorren T. Johnston, Esq.
101 Wirt Street, Suite A
Leesburg, Virginia 20175
(703) 443-1455
e-mail: ltjlaw@lorrentjohnston.com