Question
What is the name of your state? Utah
My husband and I have decided to sell our horses, and we have several people who want to come and look at them. My question is, if the prospective buyers want to ride the horses, should we draw up some kind of waiver for them to sign so we can't be sued if they get thrown or if there is some kind of accident? Would a waiver like this hold up if they try to sue the homeowner's insurance?
Answer
Originally posted by bubblesrowe
What is the name of your state? Utah
My husband and I have decided to sell our horses, and we have several people who want to come and look at them. My question is, if the prospective buyers want to ride the horses, should we draw up some kind of waiver for them to sign so we can't be sued if they get thrown or if there is some kind of accident? Would a waiver like this hold up if they try to sue the homeowner's insurance?
My response:
Apparently, Utah is one of 44 States that currently has an "Equine Warning Law". From my research, Utah equine owners are NOT required to have a Waiver of Liability when someone rides their horses; i.e., the waiver is "built into" the law itself.
Go here - -
Copy and paste this link into your browser without the [URL] on each side:
Good luck to you.
IAAL
Answer
Thank you, IAAL!
I went to the website, and under Utah it said,
"No signs or contractual language in Release Form required."
Does this mean that I actually do need a release form, but that I can make up a simple one myself? Or does it mean that no contract is needed?
Answer
Originally posted by bubblesrowe
Thank you, IAAL!
I went to the website, and under Utah it said,
"No signs or contractual language in Release Form required."
Does this mean that I actually do need a release form, but that I can make up a simple one myself? Or does it mean that no contract is needed?
My response:
As an attorney, I "think" like an attorney should. As such, and despite the "Equine Warning Law", I am extremely careful and in favor of "Waivers" of liability that are not against public policy. I always like that little bit of "extra insurance". It couldn't hurt - - and I'll tell you why - -
For example, there are some people who may not be aware of such a law in Utah (albeit, in 44 other States). So, when a rider comes to your place to "test ride" a horse, and suffers an injury, that person may try to sue you in Small Claims court. It's always best to place a "Notice" in front of their noses to sign and date, to forestall a potential lawsuit. That way, a despite the fact that you're on solid legal ground for your defense to such a lawsuit, it may save you the time and hassle of having to go to court in the first place.
Try to find a waiver of liability on the Internet.
IAAL