Equine Activity Liability Laws in Kentucky: An Overview
Written by Cooper & Friedman PLLC on July 12, 2022
Horses are powerful and majestic animals. Here in Kentucky, our longstanding tradition of horse racing is a testament to the longevity and popularity of equine activity. However, the same qualities that make horses such captivating creatures – strength, size, and intelligence – can also make them quite dangerous. In fact, the risk of hospitalization for horse-related injuries is higher than the risk of hospitalization for football, auto racing, or skiing related injuries. Because of the risks associated with equine activity, there is a wealth of legislation in place to deal with horse related injuries. Since navigating all these laws can be tricky, we’ve created this overview of equine activity liability laws in Kentucky.
EALA
The Equine Activity Liability Act (EALA) is a banner term referring to equine liability laws across the United States. There is a level of unavoidable risk associated with all equine activity. Because of this, individuals or organizations that visit or participate in commercial equine activities like riding classes and competitions can often become injured due to unavoidable and random events, like being thrown or kicked by a horse. In other industries, injured individuals can oftentimes sue the organizers of an event in order to recover compensation for injuries sustained at the event. The problem with this model in the equine industry though, is that the risk of injury is a given, and if event organizers were always held responsible for the injuries that could occur, the financial risks of holding an equine event would quickly outweigh the rewards.
This is where EALA laws come into play. To preserve equine activities, EALA laws provide the organizers and sponsors of commercial equine events a layer of protection against lawsuits. These laws typically shift responsibility from organizers and horse owners to the injured party except in cases where the organizer/owner is proven to have caused the injury (ie. negligence, improper equipment, etc.).
Kentucky’s Equine Activity Liability Laws
Since it is a loose banner term for a wide array of state laws and not a unified federal policy, there are many differences in EALA laws from state to state. Kentucky has EALA laws in place, but there are some key points to be aware of when considering them. For starters, Kentucky’s laws have a wider focus than some other states; instead of only equine activities, Kentucky’s KRS Chapter 247 focuses on the use and exhibition of all farm animals, including cattle, sheep, goats, oxen, swine, and others. Like most other states with these laws, Kentucky’s laws protect event organizers by establishing the fact that there is inherent risk in farm animal activities, and any injuries sustained due to these unavoidable risks are not the responsibility of event organizers. There are many exceptions to this though, as well as my requirements organizers must meet to qualify for protection under the law. To read the policies in full, visit the Kentucky General Assembly’s website.
What to do if injured
Obviously, sometimes event organizers are to blame for injuries, and the law has made sure to account for these situations. Negligence, oversight, faulty equipment, unmarked obstacles, and a host of other issues will negate any protections otherwise enjoyed by organizers and empower the injured party to recover compensation for their injuries. If you’ve been injured as a result of equine activity and you believe the organizers of the event are responsible, then you will need sound legal representation to ensure you receive the compensation you deserve. Here at Cooper and Friedman we have 31 years of experience dealing with personal injury cases like these. If you’re interested in learning more about Kentucky laws, you can check out our article on boating laws in Kentucky.
If you or someone you love has been injured in an equine activity in the state of Kentucky, the experienced team at Cooper and Friedman PLLC is here to help. We have decades of experience fighting for the rights of victims throughout Louisville, Kentucky and across the entire state. We handle your case personally and you can always be sure that our attorneys will be responsive to your calls and inquiries. For additional information, or to schedule a free case consultation with an experienced injury attorney, give us a call at 502-459-7555 or contact us online.