The Legal Equestrian

How to maintain fitness while off the horse

By Peyton Bodziak.

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Contrary to what many in the world believe, equestrians are athletes. Being an athlete involves practicing on a daily basis, monitoring your health, and doing whatever it takes to make it to the top.

The hard part about “practicing” riding, compared to other sports, is that for most of us we cannot go in our backyard and “pass the ball with our dad.” There are others ways, though, to develop a better seat.

My trainer, Kathryn Hope, (besides being an amazing instructor) has a workout business as well. She is especially tuned in on equestrian workouts and helped immensely with this article. I would definitely recommend Kathryn Hope Beyond Fitness to anyone asking.

One way to maintain our riding fitness is to work out. Like every other sport, there are many different workouts specifically tuned to the muscles that equestrians use. Running everyday may help your cardio, but it isn’t helping the exact leg muscles you use when riding.

The most common muscles used in riding are the obliques, the transverse abdominus, psoas, ilicaus, piroformis, and the gluteus muscles. Cross-training is the key to getting in the best shape possible. It works the many different muscles that equestrians use everyday.

Here are a few equestrian workouts that you can do at home with minimal supplies:

  • Yoga. Besides just being relaxing, yoga works many different muscle groups and strengthens your flexibility. Flexibility makes the muscles stronger, as well as makes you less likely to get injured while riding. It focuses a lot on abdominal strength, which is a key component in balance and a good seat. Besides taking a class, there are many YouTube videos that teach yoga. My recommendation is Sadie Nardini’s channel.
  • Cardio. Running and biking are primary examples of good cardio. Although when it comes to running, it can stiffen the hip flexors and other joints that need to be supple while riding. Walking on an incline is good cardio as well.
  • Core & Stability. This is especially tuned towards hunter/jumpers who need the strength to elevate their core with the horse’s rhythm. Stability will help balance going over fences and just in general.

Working out does not have to be a burden.

It can be made fun by listening to music or making a game out of it. You have to think about the big picture, not just what’s going on in the moment. Get a group of friends together and do group yoga. My barn has a group workout twice a week where we focus on getting into the best shape for the upcoming show season. Besides just getting into shape and being active, we are bonding and everyone has a great time.

So, if you want to improve your riding, get off the couch and go hit the gym! But remember: Think about the big picture.

What’s in your meat?

Infographic Courtesy of the ASPCA.

Infographic Courtesy of the ASPCA.

Every year about 130,000 American horses are shipped to Canada or Mexico to be slaughtered for human consumption. Horses are also slaughtered for human consumption in other countries, as horse meat is considered a delicacy there. While some areas, such as the European Union, have a specific regulatory system set in place to ensure that horses with dangerous, deadly substances in their body are not allowed to enter the food chain, other countries, like the United States, do not. This means that the horses being slaughtered in Canada and Mexico have dangerous, potentially lethal or terminal illness causing substances in them, like the ever famous Bute.

The ASPCA recently launched a new campaign, #NotWhatIOrdered, to bring awareness to this issue. Obviously, horse slaughter is a controversial subject, with some falling on the line of it being better than having abused and neglected horses overcrowding auctions and being set into the wild where they cannot fend for themselves; others believe horse slaughter is inhumane and that the consumption of horse meat is a complete taboo, akin to eating a cat or a dog.

According to the ASPCA,

Horses are routinely given chemicals toxic to humans, including anabolic steroids, stimulants and cobra venom. These drugs, over 50 of which are prohibited for use in food animals, can cause severe health problems like aplastic anemia, liver cancer and liver disease in humans.

Additionally, there are substances given to horses that can seep into a human’s skin

Infographic Courtesy of the ASPCA.

Infographic Courtesy of the ASPCA.

immediately upon contact and have an horrible outcome, such as hormonal treatments for broodmares that can cause abortions if the person the chemical comes in contact with is pregnant.

The ASPCA has put together a petition to help bolster support for the Safeguard American Food Exports (SAFE) Act, which, if passed, would ban the slaughter of American horses and outlaw the transport of horses to Canada and Mexico for that purpose.

If you feel strongly about the transportation of horses to Canada and Mexico for horse slaughter, you can sign the petition here.

And, if you want to bring more awareness to this issue, you can share this post on your social media pages or tweet the follow message: Tweet: Hungry enough to eat a horse? Help the @ASPCA keep horses off the dinner table. Sign the petition: http://ctt.ec/5sN7U+ #NotWhatIOrdered (Click to Tweet).

How to handle negativity, hate, and bullying from other equestrians

One of the biggest themes I, and other equestrians, have noticed in this community is the propensity for equestrians to be negative and hateful towards each other. It can be about a horse, a riding or training style (Note: This does not include abusive techniques, which should be spoken up about), choice of apparel, financial status, or another opinion the equestrian may have. A lot of this negativity occurs on social media, but boarding and riding facilities have also been known to advertise that they are “drama free” because drama is so prevalent in the horse world in person as well.

Negativity is always present, no matter how much we try to advocate for positivity, love, and support towards each other. If you have experienced negativity and drama, you will most likely experience it again. If you are experiencing negativity, you will most likely continue to, or once it has ended, you will most likely experience it again.

So, if you have experienced it or are, what can you do to soften the blow and continue to live your equestrian life drama free?

Ignore it. This is the hardest advice to give, but perhaps the most effective. Ignoring the negative things another equestrian has to say is the best method of dealing with negativity. Why? Because giving them attention for their negative words is only feeding them. A lot of times hatred comes out of the need for attention, and giving attention to that hatred and drama is only giving that equestrian what he or she wants. Ignore it. Don’t engage in it. You may be so tempted to respond, especially if what is being said is especially cruel or hateful; however, let them continue to hate on you without you responding. A few things will happen. First, they will make themselves look like jerks because they are being hateful while you are maintaining your composure and not responding. Two, you will look more mature and put together because you are not engaging in drama. Three, they eventually will stop because they are not receiving the attention they are craving.

Kill them with kindness. Another way to handle negativity is to be extra kind to the hater. Have you ever heard the phrase ‘kill ’em with kindness’? This could work here. If someone has something mean to say to you, compliment them. They may be so surprised they won’t know what to do and will stop hating on you.

Delete/block/report them. A mentor of mine, Gabby Bernstein, has a saying for when she receives hatred online: “Forgive and delete.” On social media, you can always remove a person from your friends’ list or followers. You can also mute them and block them. If the hate and drama gets especially frequent and hurtful, blocking, reporting, and removing that person from your followers list is probably the best way to go. Additionally, if the drama/hate is abusive or extremely out of line, you can report the person to the social media company.

Know they are coming from a place of insecurity. A lot of times when a person is hateful towards another, it’s because they are insecure or jealous themselves. They may deny this, but it has been proven through studies. I’ve also received anonymous comments where people have admitted they hated on me because they were jealous of me. Although this may not be complete consolation, especially if the hate is especially bad, know that the equestrian that is causing you drama is probably doing so because they are jealous of your specific situation, asset, horse, etc.

Be confident in yourself. Sometimes someone will harshly criticize your riding, training, horse, or even your trainer (this has happened to me). If you’re not being abusive towards your horse, and if your trainer has the credentials (and even if they don’t, but you are benefitting from them), be confident in your abilities and what you have. No one knows you but you and your trainer. Additionally, social media presences are often curated. We tend to post only certain things, so unless someone teaches us or sees us ride/work with our horse every day, they really have zero idea what goes on in our riding lives. Remember that.

Ask them to stop. If the bullying/drama/hate is especially bad, you can always ask the equestrian to stop bothering you. This may not always be effective, but it is worth a try. It’s also worth mentioning that if you are bullying someone, and you are asked to stop, and you continue to bully/hate on them, you can be charged with harassment. Is a legal charge really worth it? Hint: No.

Most importantly, be professional. Try not to engage in drama or negativity. Don’t bully other

Being unprofessional can stop you from receiving coveted sponsorships, catch rides, ambassadorships, and more. Photo is of McLain Ward, one of the most professional riders out there, & the late Saphire.

equestrians. While you may not be looking for sponsors or ambassadorships now, you might one day, and your social media activity can come back to haunt you. When I first started out, I  responded to every single piece of hate I got. I was confrontational. I was dramatic. It gave me a bad reputation. I have since revamped myself, and although I am still working on being less opinionated and confrontational, I have drastically improved which I think has helped people online like me more. Additionally, I moved to a barn that does not have drama associated with it, and if there is some minor drama, I do not engage at all. Professionalism is key in this sport, and you never know when you will be under a microscope for a sponsorship, ambassadorship, or something else where your conduct will be at play.

Equine Liability Statutes: Alaska

Alaska has two statutes that cover equine liability. One states that “livestock” are “unpredictable and inherently dangerous.”

AS § 09.65.145(a).

According to AS § 09.65.145(a), “a participant in livestock activity and assume the risk of injury or death caused by the livestock.” So, if you are a participant, you assume the risk of injury or death caused by livestock.

What is a participant?

A participant is:

a person, whether amateur or professional, who engages in a livestock activity or who is near or close to livestock, whether or not a fee is paid to participate in the livestock activity.

AS § 09.65.145(i)(6).

What is livestock?

Livestock is considered:

domestic cow, domestic bison, hog, sheep, goat, domestic musk-ox, yak, pig, legally possessed caribou, reindeer, domestic elk, rabbit, hamster, guinea pig, turkey, chicken, pheasant, peafowl, pigeon, horse, mule, donkey, camel, llama, alpaca, or a waterfowl that does not require a federal permit; “livestock” does not mean a dog or cat

AS § 09.65.145(i)(2) (emphasis added)

What does Alaska considered inherent risk?

…those dangers or conditions that are an integral part of a livestock activity, including

(A) the propensity of livestock to behave in ways that may result in injury to a person on or around livestock;

(B) the unpredictability of livestock’s reaction to sound, sudden movement, and unfamiliar objects or persons, or other animals;

(C) hazards or conditions unknown to a livestock activity sponsor;

(D) collisions with other livestock or objects;

(E) the potential of tack to become dislodged or move in ways that may result in injury to a person on or around a livestock activity; and

(F) the potential of a person to negligently engage in conduct that contributes to an injury or death during a livestock activity

AS § 09.65.145(i)(1)

Alaska also has another law that specifically addresses sports with inherent risks, including horseback riding. Under that law, AS § 09.65.290, “inherent risk” is under AS § 09.65.290(e)(1)

A “sports or recreational activity” is “those dangers or conditions that are characteristic of, intrinsic to, or an integral part of a sports or recreational activity”.

those dangers or conditions that are characteristic of, intrinsic to, or an integral part of a sports or recreational activity.” A sports activity is “means a commonly understood sporting activity, whether undertaken with or without permission, including baseball, softball, football, soccer, basketball, hockey, bungee jumping, parasailing, bicycling, hiking, swimming, skateboarding, horseback riding and other equine activity, dude ranching, mountain climbing, river floating, whitewater rafting, canoeing, kayaking, hunting, fishing, backcountry trips, mushing, backcountry or helicopter-assisted skiing, alpine skiing, Nordic skiing, snowboarding, telemarking, snow sliding, snowmobiling, off-road and all-terrain vehicle use.

AS § 09.65.290(e)(3)(A)

Basically:

A person who participates in a sports or recreational activity assumes the inherent risks in that sports or recreational activity and is legally responsible for all injuries or death to the person or other persons and for all damage to property that results from the inherent risks in that sports or recreational activity.

AS § 09.65.290(a)

So, if you are participating in horseback riding, you assume the inherent risks in that sport. Additionally, if you are injured while riding, you assuming and are responsible for all injuries or death and all damage to property that results from the inherent risks.

The Alaska statute, like some others I’ve surveyed, does not have a provision regarding when a participant is not responsible. However, interpretation of the language seems to mean that the participant is only responsible when the damage, injuries, or death come from the inherent risks. This would seem to mean that something like an equine professional utilizing broken or dangerous tack or equipment or placing a rider on a horse entirely above his or her skill level is not covered by this statute.

Equine Liability Statutes: Alabama

Welcome to the second in my series of overviews of state equine liability statutes. I started with New Jersey because that is where I am from. I wasn’t sure how to go about doing all 50 states, so I decided to go alphabetically. If you see a state that has been skipped, that means that state does not have an equine liability statute, and I will put those states in a separate post.

The first state is Alabama. Alabama’s equine liability statute is similar to New Jersey’s, and probably most of the equine liability statutes I will survey, in that it recognizes the inherent danger of horseback riding and engaging in horse-related activities.

What are “equine activities”?

According to the statute, equine activities are:

a. Equine shows, fairs, competitions, performances, or parades that involve any or all breeds of equines and any of the equine disciplines, including, but not limited to: dressage, hunter and jumper horse shows, grand prix jumping, three-day events, combined training, rodeos, driving, pulling, cutting, polo, steeplechasing, English and western performance riding, endurance trail riding and western games, and hunting.

b. Equine training or teaching activities, or both.

c. Boarding equines.

d. Riding, inspecting, or evaluating an equine belonging to another, whether or not the owner has received some monetary consideration or other thing of value for the use of the equine or is permitting a prospective purchaser of the equine to ride, inspect, or evaluate the equine.

e. Rides, trips, hunts, or other equine activities of any type, however informal or impromptu, that are sponsored by an equine-activity sponsor.

f. Placing or replacing horseshoes on an equine.

g. Examining or administering medical treatment to an equine by a veterinarian.

Ala. Code 1975 § 6-5-337 (b)(3).

Who is an “equine professional”?

A person engaged for compensation in:

a. Instructing a participant or renting to a participant an equine for the purpose of riding, driving, or being a passenger upon the equine.

b. Renting equipment or tack to a participant.

c. Examining or administering medical treatment to an equine as a veterinarian.

Ala. Code 1975 § 6-5-337 (b)(5).

The statute also addresses something called an “equine activity sponsor.”

What is that?

An individual, group, club, partnership, or corporation, whether or not the sponsor is operating for profit or nonprofit, which sponsors, organizes, or provides the facilities for an equine activity, including, but not limited to: pony clubs, 4-H clubs, hunt clubs, riding clubs, school and college sponsored classes, programs, and activities, therapeutic riding programs, and operators, instructors, and promoters of equine facilities, including, but not limited to, stables, clubhouses, ponyride strings, fairs, and arenas at which the activity is held.

Ala. Code 1975 § 6-5-337 (b)(4).

What is “equine activity engagement”?

There is also a definition of “engages in equine activity,” which is:

Riding, training, providing, or assisting in providing medical treatment of, driving, or being a passenger upon an equine, whether mounted or unmounted, or any person assisting a participant or show management in equine activities. The term does not include being a spectator at an equine activity, except in cases where the spectator places himself or herself in an unauthorized area and in immediate proximity to the equine activity.

Ala. Code 1975 § 6-5-337 (b)(1).

What are “inherent risks”?

The inherent risks of equine activities include:

Those dangers or conditions which are an integral part of equine activities, including, but not limited to:

a. The propensity of an equine to behave in ways that may result in injury, harm, or death to persons on or around them.

b. The unpredictability of the reaction of an equine to sounds, sudden movement, and unfamiliar objects, persons, or other animals.

c. Certain hazards such as surface and subsurface conditions.

d. Collisions with other equines or objects.

e. The potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, such as failing to maintain control over the animal or not acting within his or her ability.

Ala. Code 1975 § 6-5-337 (b)(6).

These are all things we, as avid (or not so avid) equestrians, know – or should know.

Is an equine professional ever liable?

Alabama also has similar limitations on liability. For example, if an equine professional utilizies faulty equipment or tack, and knew or should have known that the tack or equipment was faulty. This means if the equine professional did not know or should have known that the tack or equipment was faulty, they are not liable.

Example: A trainer knows that a saddle has worn stirrup leathers that are in a condition which could break at any moment. The trainer uses the saddle anyway, knowing this. During a lesson, one of the stirrup leathers breaks, causing an accident for the rider resulting in injuries. That equine professional is liable.

When else might an equine professional be liable?

  • When the professional fails to ascertain the experience level of the rider and fails to manage the experience level, i.e. putting the rider on a horse that is too much for him or her;
  • Owns, leases, or rents property where there is a dangerous condition of which the equine professional knew or should have known and for which the equine professional did not post warning signs;
  • Committing an act or willfully omitting something that “consitutes a willful or wanton disregard for the safety of the” rider, i.e. basically, doing something or failing to do something to protect the rider’s safety that is completely egregious, like throwing a rock at the horse while it is going by causing is to bolt, buck, rear, or misbehave and thus injuring the rider.
  • Intentionally injuring the rider. I think this goes without saying, and this is also very disturbing.

Ala. Code 1975 § 6-5-337 (c)(1 – 2).

Warning requirements

Like New Jersey, Alabama requires that warning signs be posted on or near stables, corrals, or areas where the equine professional will be conducting equine activities. The particular section of the law even lays out how the sign shall be designed. Finally, there is particular language that must be used.

Ala. Code 1975 § 6-5-337 (d)(1)

WARNING

Under Alabama law, an equine activity sponsor or equine professional is not liable for an injury to or the death of a participant in equine activities resulting from the inherent risks of equine activities, pursuant to the Equine Activities Liability Protection Act.

Ala. Code 1975 § 6-5-337 (d)

A lot of this is self-explanatory. You, as an equine professional or sponsor of equine activities, are not liable for the dangers inherent in horseback riding unless you engage in certain actions as laid out in the law. Additionally, if you fail to post the warning signs as set forth in the law, you forego all protections of the equine liability statute.

Note: This post is not meant to serve as legal advice and does not create an attorney-client relationship between the author and the reader. If you have been in a riding accident in New Jersey and believe that stable owner or operator is at fault, please seek the advice of an experienced personal injury or equine law attorney.

 

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