A horse’s beauty and grace has a hypnotic effect on people that sometimes leads experienced and inexperienced admirers to forget that horses, while docile, domesticated and trained, are still 1,000 to 1,200 pound animals that when spooked or startled can revert to their natural, animal instincts.

Experienced horse owners recognize that working with and around horses poses risks and that accidents can happen; however, in the unfortunate circumstance that a non-horse person is injured, a lawsuit may soon be filed with implications not only for the individual sued, but for the industry as a whole.

In 2006, a 2-year old boy was bitten by a horse in Milford, Connecticut. The boy’s family was customers at a retail greenhouse, which is located next door to a boarding facility.

In a lawsuit now known as Vendrella v Astriab Family Partnership, the defendants made a motion for a summary judgment. The motion for summary judgment implicated the case could not be won on any factual basis and requested the case be thrown out of court, explained Ruth Beardsley, Connecticut Attorney and horse owner.

The court agreed and dismissed the case.

Following the outcome, the plaintiffs filed an appeal to the Appellate Court. The Appellate Court overturned the lower court’s decision and called into question the vicious tendency of a horse. Prior to this case, the vicious propensity of a horse was considered on a case-by-case basis by looking at the individual horse.

In reviewing this case, the Appellate Court ruled that the trial judge should have looked at whether horses as a species had a tendency to bite, not just the individual horse in question. The Appellate Court reinstated the case. The Connecticut Supreme Court affirmed the Appellate Court’s ruling on April 1. The horse community feared that horses would become uninsurable.

With the fate of a billion dollar industry hanging on the outcome, Governor Dannell Malloy proposed a bill that was unanimously passed by the House of Representatives and the Senate that made it clear horses as a species are not inherently viscous animals.

“It restored the law to the old way of looking at things,” Beardsley says.

The case will go back to trial to consider whether or not the defendant did their duty in preventing foreseeable injury or if there was negligence in protecting the plaintiff from injury.

Following approval of the governor’s bill, professional and recreational horse owners breathed a collective sigh of relief.

“Had horses been declared vicious, it would have had a big impact here,” says Fred Mastele, President of the Connecticut Horse Council, “people (horse owners) are already moving out of Connecticut because it is so tough here.”

Now more than ever, the horse industry needs newcomers to replace the rapid number of enthusiasts aging out of the sport. There is a delicate balance between welcoming in the public with protecting oneself from an increasing litigious tendency of society.

“You never know if a person coming in off the street has a dream of sitting on a pony and the potential to turn into someone who becomes a regular part of your lesson program,” says Jim Farrell, owner and trainer at Greyledge Farm in Durham, Connecticut, which specializes in preparing Quarter Horses for every event.

You certainly don’t want to become the department store employee following a customer around the store, but a watchful eye is critical for everyone’s well-being.  “There are no innocent bystanders anymore,” Farrell adds, “you can’t discourage someone coming in off the street, but we are right there to greet them as they are getting out of the car and we escort them through the barn.”

It’s important to note that the decision by the Connecticut Supreme Court is only legally binding in that state.  Until a few trials go through the Connecticut appellate courts, a slow, tedious process it is difficult to predict the impact of this case.

Although the implications of this case are difficult to assess, it’s wise to become familiar with the liability law in your state, posting requirements and to evaluate your level of risk.

Use your insurance company representative as a resource, ask questions and understand what they are looking for. “Pick the brains of your insurance rep,” Farrell suggests. Chances are any insurance company will require waivers, barn rules and other cautionary postings, but find out specifically what they are looking for.

Realize that even though postings are visible, people do not always abide by the rules. “People don’t understand that don’t feed the horses also means don’t touch the horses,” Beardsley adds, “sometimes they’ll ignore the sign anyways.”

Having proper insurance coverage can protect you in the event a client or member of the public files a suit.  “Be sure you have the proper insurance with adequate levels of coverage,” Beardsley advises, “when talking with a broker about adding insurance, be honest about the activities taking place on your farm and have the broker walk around the farm with you to see what needs to be covered.”

Learn what your local ordinances require. “Find out if your municipality requires you to post your property,” Mastele adds.

The best way to prevent a law suit is to prevent an injury.

Install proper fencing and keep it maintained.  If possible, build paddocks in areas with limited accessibility by the general public. “Don’t put the fence right up against the property line,” Beardsley suggested. Setting the fence line back makes it more of an effort for uninvited visitors to stop, pet and try to interact with horses turned out in the paddock.

Strategically turnout horses in paddocks based on their temperament. “In Connecticut I often see people pulled over and petting the horses through a fence,” Beardsley notes, “if you have a known biter, don’t put them in a paddock that is easily accessible.”

It is a horse owner’s responsibility to prevent foreseeable injury, but if a stranger stops his car, walks up to the fence, and is bitten while trying to pet your horse, that person is not covered by equine liability law. That person is a trespasser on your property, and a landowner has no duty to keep a trespasser safe–unless the injured person is a child.

Education is a critical part in preventing injuries. People take it for granted that horses are still an animal and if spooked or when they feel threatened their animal instincts will kick in. “A horse will go back to protecting themselves. I am always telling people to stand to the side when picking up hooves,” Farrell adds.

Training is as much about teaching the younger generation how to safely work around horses as it is coaching a rider to success in the show pen. “I see folks kneel next to a horse’s hind leg to put blackety black on and it’s not the right place to be,” Farrell emphasizes, “I am constantly reminding them how to do things safely.”

Education includes teaching non-horse folks to read and interpret a horse’s body language. “A lot of horses language we see in dogs and cats,” Beardsley says, “and for some reason people don’t recognize it in horses.”

The Connecticut Horse Council is planning activities to help educate the public on the proper way to approach and pet a horse and that horses have the right of way on roads.Unfortunately, this isn’t an issue that is going to go away. Working with and around horses has some inherent dangers. Things even happen to experienced trainers; however, taking precautions, providing education and encouraging safety are necessary. Ultimately, “our horses need to be protected from the public as much as the public needs to be protected from our horses,” Mastele concludes.