Golf carts at shows present legal issues

It seems like horse shows and golf carts go hand in hand.  Everyone has one (or wishes they had one) to help get around the fairgrounds. Many horse shows are held at sprawling facilities where trekking from the stalls to the show ring to the show office to the horse trailer to the warm-up ring and back again can be exhausting and time consuming. To get where you need to go fast, competitors and trainers have long been bringing golf carts to horse shows to make it easier to get around.

However, it’s no secret that golf carts can also cause an array of problems. Golf cart related accidents and injuries are unfortunately very common.  If you’ve ever been to a horse show with golf carts, chances are you’ve seen a group of youth kids whiz by on a golf cart, a young futurity horse spook from an unsuspecting golf cart driving by too close, or even heard of someone having a “near miss” with a speeding golf cart.

But what happens if that “near miss” becomes a direct hit? Can you be sued for the damage that you or the driver of your golf cart caused to another competitor or that newly crowned World Champion? The answer is yes and there are a growing number of lawsuits filed against golf cart owners for all types of injuries sustained at horse shows.

So what can you do to protect yourself? First and foremost, practice responsible golf cart ownership.  Only permit adult, licensed drivers to operate your golf cart.  Each state has its own rules regarding the age requirements for driving a golf cart.  In most states, including Florida, an operator of a golf cart must be at least 14 years old.  On the other hand, some states, like Texas, require that an operator be 16 years old.  As a result, what may be considered an acceptable age in one place could be illegal in another.  Regardless of each state’s threshold age requirements, the best practice is to only allow adults to operate golf carts.  Simply put, your 13 & under youth kids should not be operating a golf cart no matter how responsible they are.  Most horse shows, including the Quarter Horse Congress and AQHA World Shows, require that only licensed, adult drivers operate golf carts regardless of local laws.  

In addition, make sure that your adult driver is capable of handling the golf cart. For example, do not allow someone who has been drinking to drive the golf cart.  Even if you loan your golf cart to a licensed adult who then causes an injury to another person or horse, you could be liable for“negligent entrustment” of your golf cart and for any damages caused by the accident.

Next, you should consider purchasing golf cart liability insurance. Many people mistakenly assume that their existing homeowner’s or automobile insurance will cover a golf cart accident.  However, most standard homeowner’s insurance policies provide little, if any, coverage for golf carts.  This is especially true once you leave your home.  Some insurance companies allow you to add an endorsement to your existing homeowners or car insurance policy to help better cover your golf cart. If your insurance carrier does not offer an endorsement, you may consider purchasing a separate policy for your golf cart. There are policies on the market that start as low as $75 per year.  

Golf cart insurance can provide you protection in a variety of circumstances. Similar to car insurance policies, golf cart insurance policies typically offer the following coverages: (1) Property damage liability. If you are found legally responsible for an accident that damages another person’s property – for instance, that champion show horse you accidentally backed into outside the wash racks – this coverage may help you pay for the damage; (2) Bodily injury liability. If you cause an accident that hurts another person, including your passenger, this coverage may help you pay for the other person’s medical bills, pain and suffering, and other related expenses; (3) Collision coverage. This coverage may help you pay for repairs to your own golf cart, regardless of who is at fault, if you collide with another cart or another object in an accident. (4) Comprehensive coverage. If your golf cart is vandalized, stolen, or damaged by something other than a collision – fire or hail, for instance – this coverage may help pay to repair the damage. Of course, there may be other “bells and whistles” that you may be able to add to your policy in order to tailor it for your needs.

Despite the issues, golf carts are here to stay at horse shows. They can be fun and useful in getting around the fairgrounds, but remember that it is a moving vehicle and certain safety and precautions should be taken to protect you from legal liability. 

Katherine Jarve is a partner at the Marlton, New Jersey law firm of Jarve 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.

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