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Subject: Mounted search and rescue
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Re: [MSAR] Illinois has a sepcial law regarding Horse Liability
- From: "IRVIN LICHTENSTEIN" <ilichten1@verizon.net>
- To: "'Mounted search and rescue'" <msar-riders@lists.ibiblio.org>
- Subject: Re: [MSAR] Illinois has a sepcial law regarding Horse Liability
- Date: Mon, 12 May 2008 11:27:04 -0500
I suggest you read, carefully, the
legalese contained in the link you furnished. http://www.saddleshop.com/sentinel/equine_liability_act.htm#I.%20Introduction As with most EALA using the model act the I would also suggest you read your
homeowners policy. If you keep horses at home you need a farm policy, and
if you keep anyone else’s horses on your property you need business
insurance as boarding (even for barter) is a commercial activity. Your
tack may be covered while it is locked up at home but it is not covered by
homeowners if it is stolen or damaged in your trailer or vehicle. It may not be
covered for replacement or even market cost. Most insurers don’t
want to pay for a custom saddle or even a European saddle if they can buy you a
used auction piece. As to umbrella liability, it is usually secondary
coverage, meaning it kicks in after the primary coverage is exhausted.
Depending on the policy language it may require primary coverage, have a huge
deductible or merely require the other insurer to deny the claim. As to the other causes, the Model Recreational
Land Use Act protects land owners as long as concealed hazards are marked in
accordance with good sense and local law. If the local law requires a 4 foot
fence around your pool and yours is 3’11” you are grossly negligent
because you are in violation of the law. This means some precautions
should be taken whenever you are in the field. Roping off areas for horse
people only at base camp, locking vehicles, posting warning signs as required
by the EALA and good sense (Don’t feed horses, they bite, electric fence
in use, etc.). While dogs may get the first bite for free, in You should also realize that EALA provides
a single defense—the plantiff assumed the risk by being there; and
provides a dozen exceptions to the defense, many of which are subjective.
And they are limited to riders. It also provides no defense for a SAR
volunteer, employee, or organization in the conduct of its SAR
activities. The conduct of the organization and its members on official
activities of any kind, is held to a “standard of care” where a
jury gets to evaluate your decision making after the fact. Why did you search
here and not there? Why did you suspend the search? Why did you use the
resources you did in the way you did? Why did you use your authority to
evacuate or close areas to the public, causing loss of business? Under what
conditions did you use your authority to break into locked buildings, impound
vehicles, or arrest persons? These are official acts and require a
specific insurance provision in the organization’s coverage. Insurance
is cheaper than lawyers and court time (By the way, if you asked a person to stop
and talk with you about the search subject and insisted that he provide a
response you may have arrested him). Irv Lichtenstein From:
msar-riders-bounces@lists.ibiblio.org [mailto:msar-riders-bounces@lists.ibiblio.org]
On Behalf Of Susan J. Duke |
-
[MSAR] Illinois has a sepcial law regarding Horse Liability,
Susan J. Duke, 05/12/2008
- Re: [MSAR] Illinois has a sepcial law regarding Horse Liability, IRVIN LICHTENSTEIN, 05/12/2008
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