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msar-riders - Re: [MSAR] Horse injuries during a MSAR mission

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  • From: "IRVIN LICHTENSTEIN" <ilichten1@verizon.net>
  • To: "'Mounted search and rescue'" <msar-riders@lists.ibiblio.org>
  • Cc: RVASSER@aol.com
  • Subject: Re: [MSAR] Horse injuries during a MSAR mission
  • Date: Sun, 11 May 2008 22:43:44 -0500

First, get a good insurance agent to educate you about insurance in your state. You have asked about three kinds of coverage and they are both individual (rider/owner) and organizational requirements.  Other features may be required to be in your organization’s Bylaws, such as indemnification of members for official acts.

 

Injuries to a horse would be covered by a medical/ surgical policy obtained as part of a full mortality package on the specific horse.

Causing injuries to another is public liability coverage and should be carried by riders, owners, and the organization.

Property damage is a specific form of public liability.

 

Unless you are a government employee covered by sovereign immunity, and almost nobody is immune today, you should be carrying public liability for your and your horse’s actions (two policies), and your organization should be covered for its actions, including decisions made by officers, directors, and command staff. Even a Good Samaritan defense costs money and the insurance company pays to defend you and or the organization.

 

WAIVERS ARE NOT WORTH THE PAPER THEY ARE PRINTED ON.  First, any minor can revoke the waiver signed on his behalf on his coming of age. Second, any other injured party can sue you for what the waiver adult released you from plus such winners as loss of consortium, income, lost time, mental anguish, etc. And even if you win, you are out the defense costs.  You should also be aware that Equine Activity Liability Acts only apply to riders and staff at organized events and lessons, not some bystander you ran over on the road.   There is no way you will be able to obtain waivers, let alone enforce them, from the public.  You, and your SAR organization must accept responsibility for your actions and be ready and able to pay the consequences. 

 

If your jurisdiction requires workman’s comp and you have no reasonable belief you are covered by somebody’s policy you could be fined as well as paying all the injured member’s costs.  In Pennsylvania the fine starts at $10,000 a day.  And there are OSHA consequences as well if OSHA applies to you.  And if you seriously injure somebody (or kill them) you will find OSHA at your door, even in states that exempt emergency personnel from OSHA.

 

I would strongly suggest you review your state and local jurisdiction’s requirements and possibly view, “Organizing the Organization”, presented at the 2006 NASAR conference in Charlotte.

 

Irv Lichtenstein

Chief of Operations

SE PA SAR

 


From: msar-riders-bounces@lists.ibiblio.org [mailto:msar-riders-bounces@lists.ibiblio.org] On Behalf Of RVASSER@aol.com
Sent: Sunday, May 11, 2008 9:08 PM
To: msar-riders@lists.ibiblio.org
Subject: [MSAR] Horse injuries during a MSAR mission

 

 

Hello MSAR,

 

I would like to know if there is any possibilities of coverage for your horse if it is injured or causes injuries to another person or causes property damage during a MSAR mission. If not what kind of waivers if any will a MSRA rider have to sign.

 

Thank you,

 

Ron Vasser

 




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