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Will
California’s Recreational Use Statute Protect Me?
Q:
I operate a boarding stable on my property. Some of my boarders do not want to have their guests sign my
liability release form, and they say that the California
Recreational Use Statute will protect me.
Are my boarders right?
If they’re not, what can I show them to
convince them?
A:
Your boarders are misinformed.
California’s Recreational Use Statute, which is
Civil Code 846, is designed to protect the landowner who
allows others to use his or her property for recreation.
The statute lists a number of recreational
activities, including “animal riding,” that fall
within the purview of the statute. However, the statute
has some key limitations, and among those limitations is
that is does NOT protect the landowner who charges
people to use the property for recreational purposes.
This limitation extends even to those who
haven’t paid to use the property.
So, because your boarders have paid to use your
property for horseback riding, you are not protected
against claims that might be brought by their guests.
The
Recreational Use Statute has another key limitation that
is important to the horse property owner:
it covers only claims that relate to the safety
of the property.
So, even if you did not have a boarding business
and did not charge anyone to ride on your property, you
would still be potentially liable if, for example, you
gave a free riding lesson to a neighbor child, failed to
tighten the girth and the child was injured.
What
can you do to protect yourself against liability related
to having guests on your horse property? If you are running a business, you should have commercial
liability insurance as well as a quality liability
release customized to your business and your property.
(See “Will
Your Liability Release Protect You?”) For the
purposes of California’s Recreational Use Statute,
running a business is interpreted very broadly – you
need not actually make a profit.
Accepting compensation is enough, and it
doesn’t have to be cash compensation.
If
you are not running a business on your property, you
should confirm that your homeowners’ insurance covers
horse-related accidents on your property.
If it does not, you may want to consider
obtaining a separate horse
owners’ liability policy.
You should also consider having guests sign a
liability release.
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