The Legal Equestrian

Get to know… Joscelyn Richards

Joscelyn & Ariel, her horse. PC: jlrequinephotography

Joscelyn & Ariel, her horse. PC: jlrequinephotography

How did you get into riding?: When I was around 9 years old I started begging my parents to let me take horseback riding lessons. Finally, as a birthday present, my grandpa bought me some lessons at a local barn. My love for riding took off exponentially from there. 

How long have you been riding? 8 years
Where are you from? South Florida, 30 minutes from Wellington
Are you in college? If so, what’s your major? Nope, I have been accepted into several nursing schools. I plan to get my RN and then go to nurse practitioner school after.
If you’re not in college, what do you do for a living? I am a rider and groom for several barns on the A Circuit.
How often do you ride? Everyday
What discipline do you ride? Mainly hunter and equitation as of now, but I have shown in the jumpers.
Do you show? In what divisions? I show in the 3 foot hunter and equitation divisions.
Ariel & Joscelyn in a hunter derby. PC: jlrequinephotography

Ariel & Joscelyn in a hunter derby. PC: jlrequinephotography

Do you own or lease a horse? Tell us about him or her. I own a 10 year old chestnut appendix mare named Ariel, show name Under the Sea. When I first bought her 2.5 years ago she had zero jumping experience and minimal flat work skills, so I had to train her from the ground up. It has been such a rewarding experience and I’m so proud of how far she has come.
What made you want to write for TLE? I have always had a passion for writing and loved reading article on The Legal Equestrian. I was one of the first guest writers picked to write for The Legal Equestrian and I’m currently one of the Senior Editors.
What has been your favorite article you’ve written?Day in a life of an A Circuit groom
How do you come up with ideas for TLE articles? I get inspiration for articles from my daily life as an equestrian and from things I see other equestrians are interested in on social media.
What are your riding goals for this year? I hope to ride on a collegiate equestrian team and show the IHSA shows with them.
What advice do you have for someone who wants to be a TLE guest writer or have a submission piece published?Be original! It gets super boring to read the same thing over from different equestrian magazines, websites etc. What I think sets TLE apart from others is the creativity and diversity.
When you’re not riding, how do you unwind? Working out! I run on my high school’s variety track and field team, so there’s nothing like a nice, long run to clear my mind.
What are your long-term riding goals? Honestly, I’d be willing to put riding on the back burner in order to pursue a career first. Once I’m successful and have money in the bank I’d love to show up in the Northeast at shows like Fieldstone, Lake Placid, HITS, Devon etc.
If you could ride any “famous” horse, which would it be? Hickstead
If you could clinic with any big name rider who would it be? Beezie Madden, I feel like she’s a very strong and talented rider who knows her stuff.
What is your biggest riding strength? Weakness?Riding strengths: strong leg, ability to stay on the “crazy ones” Weaknesses: I sometimes struggle to see the distances during a course, but I feel like that’s a skill you can’t have 100 percent perfect
Name your 3 must have equestrian brands. Hadfields, Dover Saddlery, SmartPak
Name your 3 nut have equestrian apparel brands. Tailored Sportsman, Antares, Ecogold
Betsee Parker’s money & horses or McLain Ward’s equitation? Betsee Parker’s money & horses because I could pay McLain Ward to teach me how to equitate like him.
Who is your favorite big name rider and why? Beezie Madden; she seems like a very classy and talented woman. She always delivers solid and consistent rounds.
What has been your biggest riding accomplishment thus far? Training my own horse
What has been your biggest personal accomplishment thus far? Getting my Certified Medical Administrative Assistant certification, which allows me to work in a doctor’s office. I am currently working towards becoming an Emergency Medical Responder.
Joscelyn working with the Trauma Hawk as part of her Emergency Medical responder training. PC: jlrequinephotography

Joscelyn working with the Trauma Hawk as part of her Emergency Medical responder training. PC: jlrequinephotography

Do you have any other pets? I live on a farm so I have 10 sheep, 3 pigs, 5 chickens, 1 horse and an iguana.
What’s your favorite riding season? Winter! I live in Florida so our winter is an average of about 70*. It occasionally drops down to 30*-40* which is a nice break from the heat.
WEF or Ocala? WEF (I honestly feel like I live at WEF, considering I’m there every weekend)
Favorite saddle brand? Antares
Tell us your favorite joke. My equitation… haha just kidding. I don’t tell jokes, I’m just a very sarcastic person which makes up for my lack of joke telling.
If you could change one thing about the USEF rules, what would it be and why? The hunter ring, I hate how it’s all about politics now. I would love to be able to get a score card that has specific numbers and comments about each jump at the end of the class. Riders would also get their score announced at the end of their round (like in a hunter derby) so the judges couldn’t go back and change it.
What are your favorite non-horse-related makeup and clothing brands? I love Nike brand clothing, especially their workout clothing.
You can find Joscelyn on Twitter and Instagram.

Confessions of An Aspiring Amateur: Revelations & Answers to Q&As.

I wanted to address some things that happened to me last week that were frankly disappointing, disheartening, and took a toll on me physically and mentally. I was bullied based on a tweet where I said I was trying a jumper that had future GP potential (who, by the way, is only doing the 2’6″ with her current rider, and will be going higher this current year; she will actually be ready for GP level by the time I theoretically am). My tweet started all sorts of controversy, including some weird impression that I thought I could just skip steps when it came to horse showing and riding.

After being sick for two weeks and having a lot of time to contemplate my choices, I’ve decided not to give the jumper a try. This is NOT because of the bullying I encountered. I really thought about my goals, where I am in my riding, and how long it would take me to the GP level, if I would ever get there, and I decided that right now, this wasn’t the best decision for me.

I’ve also tweeted previously about considering going pro. I’ve decided to put those goals on hold and focus on becoming a really good Amateur (and bringing awareness to the Amateur community in regards to equestrian companies and USEF). Once I reach that level, I will consider the professional level. Do I have the horsemanship knowledge to be a professional? Yeah, I do. But do I have the riding mileage? No. I am only at the 2’6″ level. I don’t want the pressure of moving up fast, and while I will always have aspirational goals, I don’t want them to get in the way of my riding. If I move up quicker than expected, great! If not, that’s totally okay. And I am okay with that.

To answer a few questions:

Do I think I can just skip steps in showing a go from doing the 2’6″ to the 3’6″? No. Absolutely not. We all have to pay our dues, and I absolutely know that.

Am I ‘dumb and wealthy’? While some people may think so, I am very careful with how I spend my money, and I am far from dumb. My tweet may have been on a whim and out of excitement, but after much thinking, I came down to earth. I simply was excited.

Why am I stepping Luther down in the levels and potentially selling and/or leasing him out to teach children? Luther is severely arthritic because he was not taken care of properly before I purchased him. It is only fair to him to make sure he is not pushed beyond his limits.

It doesn’t look like you’ve mastered Luther. You, anon, are basing this off of the very few videos you’ve seen of me riding him. My current trainer does not video a lot while she is teaching, so you really don’t know how I am with Luther now than how I was with my previous trainer. Additionally, during most shows, he was either a. lame or b. full leased out, so I did not have an opportunity to show him. I had to focus on showing other horses that didn’t have the same issues he did.

That is just addressing some of the few criticisms and questions I’ve gotten. I hope this clears up some of the questions and controversy around my riding. I know where I am, where I need to be, and what I need to do.

 

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.

 

Equine Liability Statutes: New Jersey

As “The Legal Equestrian,” it occurred to me that I don’t write very many “legal” themed articles. In an attempt to change that, I am going to do a 50-state survey where I break down each state’s equine liability statute (if they have one; surprisingly, there are some states that do not have liability statutes, still; I’m looking at you, California).

Since I am from New Jersey, it made the most sense, to me, to start with my home state.

NJSA 5:13-5 states:

“A participant and spectator are deemed to assume the inherent risks of equine animal activities created by equine animals, weather conditions, conditions of trails, riding rings, training tracks, equestrians, and all other inherent conditions. Each participant is assumed to know the range of his ability and it shall be the duty of each participant to conduct himself within the limits of such ability to maintain control of his equine animal and to refrain from acting in a manner which may cause or contribute to the injury of himself or others, loss or damage to person or property, or death which results from participation in an equine animal activity.”

So basically, those waivers you have to sign before riding at a New Jersey stable are making sure you understand the liability statute and that you are subject to it.

What’s it saying? Basically, that you (or your legal guardian) understand the inherent danger of riding a horse and that the stable operator, is not liable (except in some very rare cases outlined below) for any injuries that may occur as a result of you riding a horse on their property, including injuries that may result in a fatality.

So when is a stable owner/operator liable?

The magic word here is “negligence.” This basically means that the individual breached his or her duty of care to you. Something negligent would be putting a beginner rider on a barely broke 3 year old horse or purposely using broken tack. If this happens, and you get hurt, the stable owner/operator cannot hide behind the liability statute for protection. They are on the hook for their negligent behavior and can be sued.

Some examples of negligent behavior include:

  • Using noticeably, obviously broken tack;
  • Putting a rider on a horse that is way above their skill level;
  • Putting a rider on a horse that has very dangerous vices that are exhibited quite often such as rearing or bolting;
  • Allowing a vicious dog that likes to chase horses to run free on the property while horses are being handled or ridden or just in general

The above list is non-exhaustive.

Another caveat to the equine liability statute in NJ is if you are under the influence of drugs or alcohol and decide to ride. The stable operator or owner is not responsible for your – quite frankly stupid – decision to ride or handle a horse while drunk or high.

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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