Legal focus
Avoiding Horse Boarding Disputes – Options for Stables and Owners
I defended a stable in a lawsuit brought by a
Julie I. Fershtman, Attorney at Law
pasture instead of an individual paddock. The
www.equinelaw.net
horse owner whose horse was attacked by another horse in the pasture. The suit claimed the stable wrongly pastured her horse in a group stable disagreed, noting that it offered no individual paddocks, and the owner approved a
Disputes sometimes occur between boarding
horse in the pasture. The stable had no way
group pasture for weeks. Unfortunately, noth-
stables and horse owners. Occasionally, they
of knowing of a problem as the injuries were
ing was in writing. Until the case resolved,
become lawsuits. From the standpoint of a law-
beneath the horse’s winter blanket and not
each party faced large legal fees as they tried to
yer who has served boarding and training sta-
visible. Because of the release in the stable’s
prove what the agreement was.
bles as well as horse owners in these disputes
boarding contract, I quickly convinced the
for decades, here are two common disputes and
judge to dismiss the lawsuit.
Horse owners have options, as well. Here are two of them:
ways that each party can protect themselves. 2. Buy liability insurance. Standard comDispute: Horse owners believe boarding
mercial liability insurance policies are not
Equine mortality and major medical insur-
stables gave their horses sub-standard
designed to protect stables from claims in-
ance. Certainly, equine insurance does not
care, causing injury or death to the horses.
volving injury to or loss of a boarded horse.
protect owners against improper care to their
In fact, policies often have exclusions that
horses, but it might at least provide funds to
I have handled numerous lawsuits involving
prevent coverage for these claims. Discuss
help pay veterinary bills and buy a new horse.
these claims. In one case, a horse was kicked
with your insurance agent buying optional
You and your lawyer can evaluate your rights
in the leg by a pasture mate and had to be eu-
coverage designed to protect stables against
against the stable, but vet bills need to be paid.
thanized. Another involved a breeding farm
claims involving negligent care to a boarded
that stabled broodmares and arranged for
horse. This is called a “care, custody, and con-
Insist on a contract. Boarding contracts can
on-site breeding to its stallion; one day, the
trol” endorsement (sometimes called “bailee
benefit horse owners. Horse owners who want
stable’s attending veterinarian palpated the
liability insurance” coverage).
their horses to receive special attention, such
mare to check her condition before breeding,
as extra grain or hay or a different turnout
but the veterinarian accidentally perforated
arrangement, can benefit by including those
the mare, and she was later euthanized. The
services in the contract. In the example fur-
owner sued the veterinarian but also blamed
ther above, if the horse owner wanted her
the stable for not monitoring the mare hours
horse pastured alone, when the stable nor-
before she died.
mally has group pasture arrangements, the horse owner can insist that the boarding con-
To protect themselves, boarding stable man-
tract include that requirement. As an extra
agers and trainers have a few options:
measure, horse owners might want to remind stable staff of these agreed-upon services by
1. Use well-worded liability releases (where
posting signage on the horse’s stall.
allowed by law) pertaining to the horse. Dispute: Customers fail to pay their bills.
Stables that include releases in their boarding contracts (where allowed by law) would be wise to pay special attention to the language.
Every stable has encountered problems of
If possible, have a lawyer draft or review it.
boarders who fail to pay their boarding fees
Never assume that the same release language
on time. Here are some ideas:
that is designed to protect the stable against claims of injured people will equally protect
1. Include within your boarding contract the
the stable against claims involving injured
right to recover interest (as the state law permits) on unpaid balances. State laws differ on
horses. Details matter, especially with liability waiver/release agreements and clauses. Years
3. Make sure your boarding contracts address
recoverable interest rates so be careful before
ago, I defended a stable that was sued by a
your services. Stables have every incentive to
using forms from other states or from other ar-
boarder whose horse was attacked by another
list or at least describe their services. Years ago,
rangements (such as credit card agreements).
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Fall 2020 | Riding Instructor
