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Q:
I put up a hotwired paddock in my backyard (which
is also surrounded by fence) in order to bring my horse
from his stables to my home during the summer weekends.
I have good riding trails where I live and would
like him close by to ride. What would my liability be if he were to escape or injure
someone?
A: Thanks for writing in
with this question! There are few joys greater than
having your own horse in your own back yard.
However, when housing a horse on your property,
there are two primary legal considerations: (1) how your
property is zoned and (2) the potential increase in your
personal liability.
I'll
discuss zoning first.
Nearly every county, city and municipality has
zoning ordinances designed to make sure that landowner's
use of their property is not dangerous or problematic to
neighbors and others.
Horses are typically considered to be livestock
and thus in order to keep a horse in your back yard,
your local zoning ordinances must permit you to have
livestock on your property.
Usually, areas that permit livestock also limit
the number of animals per acre.
To find out more about your local zoning
ordinances and how your property is zoned, you can visit
your city or county offices. Many city and county offices in California also have
information available online, so you might want to surf
the net first.
If your property is not zoned for livestock and you have
a horse in your backyard, you will be in violation of
your zoning ordinances.
Penalties for zoning violations typically include
fines and requiring the landowner to correct the
problem. Zoning
enforcement is typically a complaint-driven process, so
your chances of receiving a citation increase
dramatically if your neighbors are not tolerant of
horses, all the more reason to practice good manure
management and pest control.
Having a horse in your backyard also increases your
potential personal liability. As a horse owner and
landowner, if you are found to be negligent in keeping a
horse on your property, you can be liable for damages
and injury caused by your horse.
For example, if your fencing is inadequate to
keep your horse contained and your horse gets loose and
is hit by a car, you could be liable for damages to the
car and its occupants, however unfair that may sound.
A local stable in the Bay Area was held liable in
a car accident caused by loose horses.
When the sheriff approached the stable to talk to
the owner, he leaned on the wooden fence and it gave way
- certainly not a good example of fencing designed to
keep the occupants in!
In this particular case, the stable also had a
history of horses getting loose, which provided
additional evidence of negligence.
In addition, horses are sometimes considered to be an
"attractive nuisance," especially in areas
where livestock is not common. Being an attractive nuisance means that the horse's mere
presence on your property is likely to draw people onto
your property, especially children. As a landowner with
an attractive nuisance on your property, you should be
aware that people may enter your property and try to pet
your horse, feed him treats or otherwise put themselves
in a potential position of danger.
Consequently, you have a duty to try to keep
people away from your horse, either with warning signs,
fencing or both. If
you invite guests on to your property, you have an even
higher duty to safeguard them from harm, particularly if
they have been invited on your property for business
purposes.
You
mention that you are planning to ride your horse on
local riding trails.
I’m guessing that these trails do not lead
right off of your property and that you will need to
ride over land or along the road to get to them.
Aside from the obvious safety issues, you should
be aware that if you ride across someone else’s land
to reach public trails, you should obtain their
permission to avoid trespassing.
In riding across someone else’s land, you are
also potentially liable for any damage that you and your
horse cause, even if it is unintentional and even if you
have the land owner’s permission to ride there.
For example, if the land owner’s dog bursts out
of the bushes and spooks your horse, who then throws you
and runs through the land owner’s flower beds, you
could be liable to the land owner for the damage to his
flower beds. Many
land owners are wary of their own potential liability
for having riders on their property, so you may need to
offer to give them a release of liability in exchange
for permission to ride on their property.
Ordinary
homeowners' insurance policies do not typically cover
the value of livestock or liability resulting from
livestock ownership, so you should consult your
insurance company about your coverage.
In evaluating your insurance needs, you may want
to consider horse owner's liability insurance.
For more information about shopping for equine
insurance, see "Insurance" on the Equine
Legal Solutions website.
Good
luck, and happy trails to you. |
