For horse people, August is often a big show month.  There’s the American Quarter Horse Association (AQHA) Youth World Show, which is quickly followed by the National Snaffle Bit Association (NSBA)World Championship Show, leaving many horse owners and trainers away from home for several weeks.  Often the entire barn isn’t traveling.  The question then becomes who will take care of the horses at home?

Of course, there is always the option of boarding your horses somewhere else.  However, this can be more of an aggravation and hassle than it’s worth.  In most instances, you want a “horse sitter” to come to your facility and provide care for the horses. If you choose to hire a horse sitter, you can have someone you know look after the horses, or someone acting as a horse sitter for others. In any event, there are certain legal issues you should be aware of.

First, you should make sure that any hired horse sitter is bonded and insured.  You may think this is unnecessary; however, horses are considered to be “chattel” (tangible personal property).  Horse sitting is therefore considered a “bailment” and the person temporarily overseeing the care is considered the “bailee.”  This legal relationship requires the bailee (aka the horse sitter) to return the horse in the same condition it was prior to you leaving for the horse show.  Consequently, if the horse is injured or harmed while a horse sitter is in charge, there is a presumption of negligence against the horse sitter.  There are certain exceptions to this presumption of negligence (i.e., you did not disclose known issues of temperament, habits or health conditions and injury occurs as a result); however, generally, the horse sitter can be held liable for injury, harm or even death of a horse in their care.  The problem is that if a horse sitter has no insurance and no assets, then you will have no way to financially recover for the injury or loss of your horse.  This can be particularly problematic if the injured horse is very valuable.  If you hire a horse sitter who is bonded and insured, then you are protected should something go wrong while you are away.

Second, you should make sure that anyone caring for your horses is familiar with caring for horses.  It is not enough for a person to have been around horses – they must know how to properly care for them.  As a horse owner, you need to thoroughly investigate the credentials and capabilities of any potential horse sitter.  Check out their references. Speak to others who have used their services. If you are planning to hire a horse sitter for a long trip, try them for a shorter trip first to see how they do. Horror stories of incompetent horse sitters abound.  There are instances where lazy caretakers failed to properly clean out the stall, give the horses fresh water, or turn the horses out to pasture.

Third, make sure you provide the horse sitter with all the information needed for the duration of your absence.  This should be communicated in writing and include general information and instructions for care and feeding and veterinary information as well as a comprehensive listing of any quirks, personality traits, temperament issues, dietary problems, etc.

Similarly, it is important for you to discuss in detail and commit to writing information regarding veterinary care in the event of an emergency. You should include the name and address of two or more veterinarians or animal hospitals and detail exactly how much authority the horse sitter has for medical treatment. For instance, can the horse sitter authorize medical care prior to speaking with you and obtaining your approval?  If not, and the horse dies due to some emergent medical issue before you can be reached, the horse sitter will most likely not be held responsible. Some vets will require the grant of any authority for medical treatment to be in writing.  Therefore, it’s wise to sign a short statement allowing your horse sitter to seek medical treatment in the event of an emergency.

Finally, you should be aware that if you leave the farm with one of your employees or assistants in charge of the horses as opposed to a hired horse sitter, you may be held liable for their negligence and any injuries arising therefrom.  Consequently, your employees and assistants should be held to the same standard as anyone you hire.

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.