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msar-riders - Re: [MSAR] Illinois has a sepcial law regarding Horse Liability

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Subject: Mounted search and rescue

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  • 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 Illinois act is limited to those knowingly participating in an equine activity. It does not apply to the general public who did not buy a ticket to the show.  EALA requires the parties to knowingly assume risk, this is something a member of the public or even a ground pounder cannot do because they lack knowledge about what horses do, and what the risks are. 

 

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 Pennsylvania the EALA specifically states that prior good behavior does not count and all horses are assumed to be legally vicious as a result. 

 

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
Sent: Monday, May 12, 2008 12:54 AM
To: msar-riders@lists.ibiblio.org
Subject: [MSAR] Illinois has a sepcial law regarding Horse Liability




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