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10 / STABLEMANAGEMENT / stable-management.com
P
L e g a l
ON THE GO
Is allowing outside trainers
into your barn worth the risk?
By Julie I. Fershtman
Attorney at Law
It seemed like a good idea at the time.
Sandy, the boarding stable owner,
received requests from a few of her
boarders to allow their own riding
instructors to give lessons on the stable’s
property. The instructors, they
assured her, would conduct the lessons
in a non-disruptive way and
would use an arena when few boarders
were around. The instructors, they
further assured her, couldn’t possibly
pose a liability risk to the stable
because they had no affiliation with
the stable. And each instructor would
stable management
give the stable $10 for each lesson
provided there. Sandy consented.
Later, however, one of Sandy’s
boarders was seriously injured during
a lesson. Then, Sandy received a letter
from a lawyer representing the
injured boarder that demanded compensation
and threatened a lawsuit.
Sandy, who had no insurance for lessons,
asked the instructor to take
responsibility for the matter, but
quickly learned that the instructor had
no liability insurance and no money
to hire a lawyer. Now, Sandy is left to
fend for herself against the possibility
of costly litigation.
What should stable managers do
when they are asked to allow instructors
to give lessons on the stable’s
property? Do the risks outweigh the
advantages?
Risks
Liability is, by far, the biggest concern
when allowing riding instructors
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to give lessons at the stable. Merely
because independent riding instructors
operate their own businesses and
are not stable employees does not
mean that these arrangements are
risk-free for the stable. The sad reality
is that lawyers who represent
injured people usually direct their
claims or lawsuits against all people
or businesses that have a connection
to the horse, the land, or the business
operation. And if the instructor’s relationship
to the stable is not clearly
documented or understood, or if the
stable accepts money from the
instructor for his or her use of the stable’s
property, this might give a
lawyer the impression that the stable
and instructor are connected as agent,
joint venturers, or business partners.
When a suit comes in, everyone
will need legal assistance in an effort
to remove themselves from the case.
While it is not always easy to predict
who will win or lose, there is one
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