With summer coming to an end, the fall show circuit is heating up.  Many horse show competitors will find themselves on the road for the next several weeks traveling across the country to make it to the final “big” championship shows of the year.  However, with school back in session and employers asking people to return to the office, horse trainers may find themselves short-handed at the fairgrounds.  

This often leads to other clients pitching in to help out around the horse show while other clients are traveling in and out between show days.  Usually, this means one client is simply helping to clean stalls or fill water buckets.  But what if help is needed beyond that?  What if you need a client to longe or ride another client’s horse?  Often, you know which horses and which clients in the barn that you can trust to do so, but is this really a good idea?

Take the following example.  You are at a three-week long show circuit with several horses.  Your youth client is busy attending college classes during the week.  He or she will be traveling in for the weekend to show.  However, during the week, someone will need to longe, exercise and ride his or her horse.  As the trainer, you are riding on little to no sleep.  In order to get everything done, you ask one of your amateur clients to take the horse out to be ridden without first clearing it with the horse’s owner.  Unfortunately, a crash occurs in the practice pen and the horse is severely injured.  Who is liable for the injury to the horse? The trainer? The amateur client?  The answer is possibly both.  Before you ask you clients to lend a helping hand, you should be aware of the potential legal issues that could arise when something goes wrong.

Conversion.  In the example above, there could be liability under the theory of conversion. Conversion has been defined as “an unauthorized assumption and exercise of the right of ownership over goods or personal chattels (i.e. a horse) belonging to another, to the alteration of their condition or the exclusion of an owner’s rights.”  However, the mere use of another’s horse without permission of the owner does not necessarily amount to conversion.  There must be an exercise of “dominion or control” which is inconsistent with the owner’s rights.  Some courts will consider factors including, the extent and duration of the actor’s exercise of dominion and control, the actor’s intent and good faith, and the harm done to the chattel (i.e. horse).  Was the amateur client treating the horse as his or her own?  Did the amateur client take the horse out without even talking to the trainer?  Did the amateur client negligently cause the crash in the practice ring? These may be some important facts that a court would consider in evaluating a claim for conversion.

Bailment. In last month’s article, we discussed bailment in the context of horse sitters.  The same legal theory could apply in the example given above.  A bailment arises when the owner leaves his or her horse under the possession and control of the trainer.  Inherent in the bailment relationship is the duty of reasonable care and the understanding that the horse be returned to the owner in the same condition that it was left.  Under the above scenario, there is a presumption of negligence against the trainer for the injuries to the horse.  The trainer may be able to rebut that resumption by showing that the crash in the practice ring was not due to negligence of the amateur rider or that another rider or horse was the cause of the injury. Again, this will depend on the facts of the case.

Breach of contract.  Depending on whether you have a contract and the terms of any such agreement, there may be a claim for breach of contract.  If you have a written contract with your clients, be aware of any terms defining who is allowed to handle, ride and care for the horses in your barn.  Of course, it will become more difficult to prove or defend a breach of contract claim if there’s only a verbal or handshake agreement.  Nevertheless, if you and your clients agree that only the trainers or barn assistants will be handling, riding and caring for the horses, then you could be liable for the horse’s injuries resulting from another’s use of the horse.

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.