Equine law is the branch of law that governs all legal matters related to horses, including injury liability, contracts, purchases, leases, and boarding disputes. It blends business, tort, and property law into a niche legal field where one misstep can lead to serious financial and legal consequences.
Equine Activity Liability Acts (EALA), waivers, insurance, and boarding contracts, each component serves as a vital protection tool.
According to the American Horse Council Foundation, the U.S. equine industry contributes approximately $122 billion to the economy and supports 1.7 million jobs. With so much money and property at stake, legal clarity is important.
At KEW Legal®, we help horse owners, investors, and businesses untangle complicated legal risks with clarity and strategy.
Key Takeaways:
- Equine Activity Liability Acts (EALAs) limit liability for horse-related injuries but require proper implementation and do not cover negligence.
- Enforceable waivers must clearly state risks, comply with state laws, and be signed voluntarily and in advance to offer legal protection.
- Written agreements for co-ownership, syndication, leases, and boarding are necessary to prevent costly disputes over roles, finances, and risk.
- Tailored equine insurance policies protect horse owners and businesses from liability, mortality losses, and gaps in standard coverage.
What Are Equine Activity Liability Acts?
Equine Activity Liability Acts (EALAs) are state-level laws that limit the legal liability of horse owners, trainers, and facility operators when someone is injured during a horse-related activity.
These statutes recognize that horses, even the calmest ones, can behave unpredictably, and that people who ride or handle them accept certain risks by doing so.
In plain terms: if someone falls off a horse during a lesson or gets kicked while grooming at your barn, an EALA may prevent them from successfully suing you.
As of 2025, 48 U.S. states have adopted EALAs, including Florida. Only California and Maryland do not offer this kind of legal protection. That means most equine businesses and horse owners operate under some form of risk limitation law. But having a law in place doesn’t protect you, understanding its limits and applying it properly is important.
What Does a Standard EALA Cover?
A typical Equine Activity Liability Act protects horse owners, trainers, and facilities from lawsuits when a person is injured while participating in an equine activity, provided the injury resulted from a known risk associated with horses.
Most EALAs apply to situations involving:
- Riding lessons
- Trail rides
- Horse shows and competitions
- Grooming, feeding, or general horse handling
- Horse leasing or boarding
To benefit from this protection, the activity must be clearly equine-related and the injured person must have voluntarily participated. Many states also require businesses to:
- Post specific warning signs with statutory language
- Include EALA disclaimers in contracts or waivers
- Demonstrate that the horse’s behavior was not unusually dangerous given the circumstances
What EALAs don’t protect against is negligence. For example, if a stable provides faulty tack that causes a rider to fall, the EALA likely won’t shield the business. The same applies if an owner pairs an inexperienced rider with a dangerous horse without warning.
EALAs are powerful tools, but they don’t replace smart legal practices. KEW Legal® helps equine clients in Florida and beyond understand where the law protects them, and where it doesn’t, so they can take action before a problem becomes a lawsuit.
When Are Equine Waivers Legally Enforceable?
Just having someone sign a waiver doesn’t guarantee you’re protected. For a waiver to hold up in court, it has to be properly written, signed under the right conditions, and compliant with your state’s laws.
A well-drafted waiver can shield you from many injury-related lawsuits by showing that the rider or participant understood and accepted the risks of working with horses. However, courts often scrutinize waivers, especially if the injury was serious, so vague language or missing elements can leave you fully exposed.
Key Elements of a Valid Waiver
For an equine liability waiver to be legally enforceable, it must do more than just collect a signature. Courts look at several factors to determine whether the waiver is clear, fair, and legally sound. Here are the essentials:
- Clear Language: The waiver must be written in plain, understandable terms. Avoid dense legal jargon, especially if the participant is a minor or lacks legal knowledge.
- Specific Risk Disclosure: The form should clearly explain the risks involved in riding, handling, or being near horses, such as falling, being kicked, or sudden spooking.
- Voluntary Agreement: The person signing must do so voluntarily, without pressure or coercion. This is particularly important for waivers signed on behalf of children.
- Proper Formatting: Important language (such as “RELEASE OF LIABILITY”) should be bolded or capitalized to make it obvious what rights the signer is waiving.
- State-Specific Language: Many states, like Florida, require certain legal wording, especially if the waiver is meant to work alongside EALA protection.
- Timing and Storage: Waivers should be signed before the activity and stored securely. A forgotten waiver or lost document may be legally useless.
Having a lawyer draft or review your waiver makes sure you’re not relying on a generic form that might fall apart under legal scrutiny. KEW Legal® helps clients create custom waivers tailored to their state laws, facilities, and risk profiles.
What Should Be in a Horse Lease or Sale Agreement?
In Florida, many horse transactions are seasonal, high-value, and emotionally charged. That makes it even more important to spell out the terms in writing, with legal language that’s enforceable in court, not just “what you discussed.”
A proper equine agreement should clearly state:
- Who owns the horse
- Who pays for care, training, or vet bills
- What happens if the horse gets injured, dies, or underperforms
- When and how the horse can be returned, if at all
- What insurance is required, and who holds the policy
KEW Legal® helps clients avoid vague or one-sided deals by writing contracts that protect both parties and cover real-world scenarios, not just best-case outcomes.
3 Overlooked Elements of a Horse Lease or Sales Agreement
These three elements are often the most overlooked and the most important parts of any horse lease or sale agreement.
1. Risk Clauses
Spell out who is responsible if the horse is injured, causes injury, or damages property. In most leases, the lessee assumes the risk during the term. If this isn’t clearly written, arguments over vet bills or liability can get messy fast.
2. Return Policies
Clarify under what conditions the horse can be returned, if at all. Include time frames, acceptable reasons, and who pays for transport or care during a return. Without this, buyers might try to return a horse after months of use and blame you for issues that aren’t yours.
3. Mortality Provisions
Include who pays for insurance, who gets paid if the horse dies, and how death is verified. If the horse is insured and dies during a lease, does the lessee or owner collect? Clear terms here avoid conflict in tragic situations.
Co-Ownership and Syndication Pitfalls
Co-ownership is when two or more individuals share ownership of a horse and jointly manage costs, decisions, and responsibilities. Syndication involves multiple investors each owning a fractional share of a horse, typically under a formal agreement for show, breeding, or resale purposes.
Sharing ownership of a horse may sound practical, until it isn’t. Co-ownership and syndication deals often lead to conflict if expectations aren’t crystal clear from the start.
Here’s what commonly goes wrong:
- Unclear roles: Who decides on training, showing, or when to sell? If decision-making isn’t defined, disagreements are inevitable.
- Uneven financials: One partner pays more, but both expect equal say or returns. That imbalance quickly causes resentment.
- Exit strategy missing: If one owner wants out, what happens? Can they sell their share? Does the other party have to buy them out?
Every co-ownership deal should include a written agreement that defines:
- Ownership percentages
- Decision-making rights
- Monthly expense responsibilities
- Dispute resolution methods
- What happens if the horse is injured, sold, or dies
Syndications, especially for show or breeding horses, add extra intricacy with multiple investors. Without a legal plan, these deals can dissolve into lawsuits over everything from vet bills to rider selection.
KEW Legal® helps draft co-ownership and syndication contracts that protect all parties and avoid common traps.
How Do Boarding Contracts Protect Facility Owners and Clients?
A boarding agreement protects you from liability, sets clear expectations, and helps resolve disputes before they start.
Without a contract, you’re wide open to misunderstandings about care, payment, medical decisions, and who’s responsible when something goes wrong. That’s risky, especially in Florida, where equine services are common but often informal.
A proper boarding contract should spell out what services are provided, how much they cost, and who makes decisions in emergencies. It also needs to address legal exposure, for example, what happens if a horse kicks someone, escapes, or is injured in your care.
Emergency Vet Care and Payment Terms
A strong boarding contract should include clear language about the two issues that cause the most disputes: emergency care and payment.
Emergency Vet Care
Make sure your contract answers these questions:
- Can the facility call a vet without the owner’s permission in a true emergency?
- Who pays for emergency treatment?
- What happens if the owner can’t be reached?
Payment Terms
Be specific about:
- Monthly board amount
- Due date and late fees
- Consequences for non-payment (e.g., holding lien or removal of horse)
What Happens in Injury, Death, or Neglect Cases?
Here’s what your agreement needs to address:
Injury or Death
- Who is financially responsible if the horse is injured while boarded?
- Does the facility have any duty to reimburse the owner?
- Is there an expectation that the horse will be insured?
Claims of Neglect
- Define the level of care expected (e.g., stall cleaning, turnout, feeding schedule).
- Include a process for raising concerns before they turn into accusations.
- Clarify that the facility must be given the opportunity to correct any alleged issues.
Insurance Encouragement
Many boarding contracts now recommend (or require) that owners carry mortality or major medical insurance, shifting the financial burden off the facility if the unexpected happens.
What Insurance Do You Need for Equine Activities?
If you own, lease, or board horses or operate a facility, you need insurance. One serious injury or unexpected loss can destroy your business or personal finances if you’re not covered.
Equine insurance isn’t one-size-fits-all. There are different types for different risks, and understanding which policies apply to your situation can save you time, money, and legal stress.
Mortality vs. Liability vs. Care/Custody/Control
These are the three core types of equine insurance. Each covers a different kind of risk, and many horse owners or businesses need more than one.
1. Equine Mortality Insurance
This is life insurance for your horse. If the horse dies due to illness, injury, or accident, the policy pays out its insured value. Most policies require a vet exam, and some include coverage for theft. This is necessary for high-value animals or any horse involved in competition, training, or leasing.
2. General Liability Insurance
This protects you if someone is injured or property is damaged as a result of your horse. If a rider falls, a horse causes a car accident, or someone is kicked while visiting your farm, this is the policy that covers legal defense and damages. Many boarding and lesson facilities are required to carry this by landlords or event venues.
3. Care, Custody, and Control (CCC)
This applies if you’re caring for someone else’s horse, like a trainer or boarding barn. If a horse in your care is injured or dies due to your actions or negligence, CCC insurance can cover vet bills, death benefits, and legal fees. Standard liability policies don’t cover animals you don’t own, this fills that gap.
4 Reasons Why Business Owners Need a Tailored Insurance Policy
If you run an equine business, including boarding, lessons, training, hauling, you need more than a basic liability plan. A tailored policy makes sure you’re covered for the specific risks your operation faces. Here’s why:
1. General policies often exclude equine risks
Standard business insurance may not cover injuries caused by horses or claims related to riding activities. Without equine-specific coverage, you could be left paying legal bills yourself.
2. Your exposure increases with each client
Every rider, horse owner, or visitor adds legal risk. A tailored policy can scale with your client base and cover the real scope of your business, from trail rides to stall rentals.
3. Some risks fall through the cracks
You may need specialty coverage like:
- Trainer’s professional liability
- Horse transport insurance
- Employee rider injury coverage
These aren’t included in basic plans but are often essential in equine operations.
4. Your facility setup matters
Own your barn? You may need commercial property insurance. Leasing space? You might need to name your landlord as an additional insured. Tailored policies consider your setup so you’re not underinsured where it counts.
KEW Legal® helps Florida equine businesses assess their risk profile and coordinate with insurance professionals to make sure every angle is covered, from contracts to coverage.
Work With a Law Firm That Rides With You
Legal issues in the horse world are personal. Your horse, your business, and your peace of mind deserve protection from someone who understands both the law and the lifestyle.
At KEW Legal®, we help equestrians make smart decisions. From custom contracts and waivers to dispute prevention and insurance guidance, we deliver clear, actionable legal support tailored to the realities of Florida’s equine community.
Ready to protect what matters most? Contact KEW Legal® today. Let’s make sure your next ride, lease, or business move is backed by smart legal strategy and real peace of mind.
