By Katherine Jarve

Your reputation within the horse industry matters. Competitors and trainers alike spend years earning a favorable reputation within the industry. Unfortunately, your reputation for competency and honesty can sometimes be tarnished by gossip and rumor-mongering that runs rampant in the horse industry.  Let’s face it.  Competitors talk about other competitors and horse owners are more than willing to express their opinions – good and bad.  How many times have we heard that a certain trainer “dopes” all his horses or that the judges are all crooked?  If you are well-respected and have a good reputation, then you will hopefully be able to withstand any false and negative statements made about you.  But what happens when these false and negative comments start to affect your reputation?  Are you entitled to bring a defamation lawsuit against the person fueling the rumor mill? 

Defamation is the communication of a false statement that harms the reputation of a person or business.  If the statement is written, it’s called “libel.”  If the statement is oral, it is called “slander.”  In the context of the horse world, most complaints of defamation arise from slander.  Nevertheless, not every negative comment or statement is actionable.  To be considered defamation, a statement must meet several criteria.

First, the statement must be reasonably perceived as harmful to a person’s reputation.  This is an objective test.  An ordinary person would have to believe that the statement is damaging to the person’s reputation.  For example, a statement that your new show outfit is “ugly” would likely not be objectively damaging to your reputation.  On the other hand, a statement that you knowingly sell lame horses would likely be perceived as damaging.

Second, the statement must be made publicly. This requires that the statement be made to others aside from claiming the harm.  Just how “public” the statement must be can vary from situation to situation.  For example, gossiping between your barn-mates as opposed to blabbing to everyone at the fairgrounds will likely be viewed differently by the law.

Third, the statement must refer specifically to the person claiming the harm.  This may seem obvious, but while one person may think a comment singles him out, others may not see it that way.  For example, if someone says, “That hunt seat trainer from Texas is drugging his horses to keep them so quiet.”  This statement could refer to any hunt seat trainer from Texas.  But what if you are the only hunt seat trainer from Texas at the show?  The question becomes whether a reasonable person believes this statement specifically refers to you. 

Fourth, the statement must be false.  It is well accepted that truth is an absolute defense to a defamation action. 

Lastly, you must suffer actual, economic harm. This is often difficult to prove. Embarrassment, hurt feelings and even humiliation are not enough.  For example, if a trainer is accused of beating and abusing his horses and then loses several clients as a result of the false statement, then he or she may be able to show economic damages in the loss of revenue.  However, someone simply saying your western pleasure horse looks lame at a jog, will unlikely result in any economic harm.

Even if you meet all the criteria above, you still may be precluded from bringing a suit.  First, as stated above, the truth is an absolute defense to a defamation claim.  If it can be shown that the statement was true (i.e., you have knowingly sold lame horses), then the person making the statement will not be held liable.  This is true even if you lose out on the sale of a horse later on as a result of the statement.  Second, someone’s opinion is protected free speech. So for example, if someone says “I think your horse looks lame at the jog,” then it’s likely considered an opinion and will be not considered slander.

In addition to all the legal elements to be proven and the possible defenses, you will want to consider the cost of bringing a lawsuit.  How much money will it cost you to hire an attorney to litigate the case?  How much measurable economic harm have you suffered?  Are you prepared for the emotional burden litigation will require?  Civil litigation is often a very slow and arduous process.  Finally, you may want to consider that unlike supermarket tabloids, most barn gossips are not rich.  Even if you get a judgment against them, it may be very difficult to collect.

While horse show gossip is sure to stay, sometimes it is simply better to take the high road and ignore the whispers rather than give credence to the rumors.  Simply put, let your placings do the talking.  With that being said, if you have truly been harmed by nasty gossip, don’t be afraid to seek legal action.

Katherine Jarve is a partner at the Marlton, New Jersey law firm of Jarve Kaplan Granato Starr, LLC. She is licensed in New Jersey and Pennsylvania and maintains a practice in personal injury and civil litigation, including equine related issues. Katherine spent her childhood competing on the national AQHA show circuit. This article is for informational purposes only and is not intended to be legal advice. If you have a specific legal question or problem, consult with an experienced equine law attorney. Questions, comments or suggestions can be e-mailed to kjarve@nj-triallawyers.com.