98 SIDELINES SEPTEMBER 2012
FOR HORSE PEOPLE • ABOUT HORSE PEOPLE
e
Equine Law
To Post or Not to Post: South Carolina is
Equine Friendly to Trail Riding Communities
By Lisa Hollister, Esq.
Presently, with the exception of four states, all of the states
in the U.S. have Equine Activity Liability Acts protecting horse
owners, equine professionals and sponsors from liability. Of
those states that have enacted such Acts, they have been
divided as to whether or not to require a specifc posting
warning individuals of the inherent risks of equine activities.
Every state that requires a posting or postings of a warning
also requires that specifc language be in the posting warning
participants of the dangers of participating in equine activities.
If a state mandates that the Equine Activity Act be posted and
the party or parties seeking protection under the Act fails to do
so then the protections under the law will not apply to them. For
this reason it is important that equine owners, professionals
and sponsors understand any posting requirement their state
has under their respective Acts and be in full compliance with
them.
Of those that do require posting of a warning sign, most
of them require that the sign or signs be placed in a “clearly
visible location in the proximity of the equine activity” or “in
clearly visible locations on or near stables, corrals or arenas
where the equine professional conducts equine activities if
such stables, corrals or arenas that are owned, managed or
controlled by the equine professional.” Unfortunately, this
causes a dilemma for those landowners, as well as trail riding
friendly communities such as Aiken, that not only allow but
also encourage trail riding and would like to take advantage
of their States Equine Activity Acts but are located in a state
which requires a posted warning.
The equine friendly state of South Carolina realized that
the posting requirement posed a problem for trail riders and
in order to give landowners added incentive to allow riders to
cross their property they made it easier for the landowner to
take advantage of the Equine Activity Act. Realizing the need
to insure that South Caroline was one of the most equine
friendly states, State Representative Tom Young, R-Aiken,
introduced Bill H. 4475 which added horseback trail riding
to the list of activities whose sponsors are shielded by the
South Carolina Equine Activity Act. In the amended Bill, which
was eventually passed and signed into law by the State’s
Governor, each property owner along a trail no longer has to
post multiple signs on the riding trails that run through their
property. Instead, according to Tom Young, the amended law
allows landowners to be protected under the Act as long as a
sign warning equine participants of the dangers is placed at
the main entrance of the trail. However, it is still imperative that
those equine sponsors and professionals who have additional
equine activities being conducted on the property also display
clearly visible warning signs on or near stables, corrals, or
arenas in order to take full advantage of the law’s protection.
One Final Posting Consideration under the various State
Acts is that in almost every State’s Equine Activity Act, the
party in lawful possession and control of the land or facilities
must conspicuously post a warning sign on the land warning
a participant of any dangerous latent condition (a dangerous
condition which is not obvious) which was known or should have
been known to the equine activity sponsor or professional. In
essence, if the participant is injured as a result of the dangerous
latent condition of the
land or facilities and
such a warning was
not posted then this will
allow the participant
to make a claim that
under the exception
granted in the Act the
injured participant can
still prevail against
the equine sponsor or
professional.
Lisa Hollister is an attorney
practicing in Cincinnati,
Ohio. Questions for
Ms. Hollister’s column
can be addressed to
twinbridgefarm@aol.com.