Horseback Riding Injury Claims in Georgia

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A rider hurt at a Georgia stable meets a statute before anything else: an equine activity sponsor, an equine professional, “or any other person” “shall not be liable for an injury to or the death of a participant resulting from the inherent risks of animal activities,” except as the statute provides (OCGA 4-12-3(a)). Whether a claim survives depends on whether the injury came from an inherent risk or from one of the listed exceptions, and on whether the stable posted the warning the law requires; without it, the stable cannot claim the immunity at all.

The Immunity and Who Holds It

Subsection (a) of OCGA 4-12-3 protects “an equine activity sponsor, an equine professional, a livestock activity sponsor, a livestock professional, an owner of a livestock facility, a llama activity sponsor, a llama professional, or any other person, which shall include a corporation or partnership,” and bars a participant or the participant’s representative from making a claim or maintaining an action for injury “resulting from any of the inherent risks of animal activities during the course of any equine activity,” except as subsection (b) provides. The chapter defines its terms in OCGA 4-12-2:

  • Equine activity sponsor. “[A]n entity which sponsors, organizes, or provides the facilities for an equine activity,” including operators, instructors, and promoters of equine facilities such as stables and arenas (OCGA 4-12-2(5)).
  • Equine professional. “[A]n entity engaged for compensation in” instructing a participant or renting an equine to a participant, renting equipment or tack to a participant, or examining or treating an equine as a veterinarian (OCGA 4-12-2(6)).
  • Participant. “[A]ny person, whether amateur or professional, who engages in an equine activity, a livestock activity, or a llama activity, whether or not a fee is paid to participate in such activity” (OCGA 4-12-2(12)).

What Counts as an Inherent Risk

OCGA 4-12-2(7) defines “[i]nherent risks of animal activities” as “those dangers or conditions which are an integral part of equine activities, livestock activities, or llama activities, as the case may be, including, but not limited to”:

  • “The propensity of the animal to behave in ways that may result in injury, harm, or death to persons on or around them.”
  • “The unpredictability of the animal’s reaction to such things as sounds, sudden movement, and unfamiliar objects, persons, or other animals.”
  • “Certain hazards such as surface and subsurface conditions.”
  • “Collisions with other animals or objects.”
  • “The potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, such as failing to maintain control over the animal or not acting within his or her ability.”

The list is introduced with “including, but not limited to,” so it is not complete.

Where the Immunity Does Not Reach

Under OCGA 4-12-3(b), subsection (a) does not “prevent or limit the liability” of a sponsor, professional, or other person who:

  • Faulty equipment or tack. “Provided equipment or tack for the activity, and knew or should have known that the equipment or tack was faulty, and such equipment or tack was faulty to the extent that it caused the injury” (paragraph (1)(A)).
  • The animal and the rider. “Provided the animal and failed to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the activity and to safely manage the particular animal based on the participant’s representations of his or her ability” (paragraph (1)(B)).
  • Land and facilities. “Owns, leases, rents, or otherwise is in lawful possession and control of the land or facilities upon which the participant sustained injuries because of a dangerous latent condition which was known or should have been known” to the sponsor or professional “and for which warning signs have not been conspicuously posted” (paragraph (2)).
  • Willful or wanton conduct. “Commits an act or omission that constitutes willful or wanton disregard for the safety of the participant, and that act or omission caused the injury” (paragraph (3)).
  • Intentional injury. “Intentionally injures the participant” (paragraph (4)).

The Warning Sign and the Contract Notice

OCGA 4-12-4(a) requires every equine professional and equine activity sponsor to “post and maintain signs” with a prescribed warning, placed “in a clearly visible location on or near stables, corrals, or arenas where the equine professional or the equine activity sponsor conducts equine activities,” with the notice “in black letters, with each letter to be a minimum of one inch in height.” Every written contract by which a professional or sponsor provides “professional services, instruction, or the rental of equipment or tack or an equine to a participant” must “contain in clearly readable print” the same notice. Under subsection (b), the signs and contracts must contain “language substantially similar to” the following: “WARNING Under Georgia law, an equine activity sponsor or equine professional is not liable for an injury to or the death of a participant in equine activities resulting from the inherent risks of animal activities, pursuant to Chapter 12 of Title 4 of the Official Code of Georgia Annotated.”

Subsection (c) provides the consequence: “Failure to comply with the requirements concerning warning signs and notices provided in this Code section shall prevent an equine activity sponsor or equine professional from invoking the privileges of immunity provided by this chapter.”

Frequently Asked Questions

Which animals does the statute cover for riding?
“Equine” means “a horse, pony, mule, donkey, or hinny” (OCGA 4-12-2(3)). The same chapter also addresses livestock and llama activities.

Does the statute apply to someone who only watches?
A spectator does not engage in an equine activity “except in cases where the spectator places himself or herself in an unauthorized area and in immediate proximity to the equine activity” (OCGA 4-12-2(2)).

Does riding someone else’s horse count as an equine activity?
Yes. Riding, inspecting, or evaluating an equine that belongs to another person is an equine activity whether or not the owner is paid or is letting a prospective buyer try the animal. Boarding, training and teaching, shoeing, and rides or other activities, however informal, sponsored by an equine activity sponsor are also on the list (OCGA 4-12-2(4)).

Does the immunity stop a product liability claim against a stable or instructor?
No. Nothing in subsection (a) “shall prevent or limit the liability of” a sponsor or professional “under liability provisions as set forth in the products liability laws” (OCGA 4-12-3(c)).

  • OCGA 4-12-2(2), (3), (4), (5), (6), (7), (12)
  • OCGA 4-12-3(a), (b), (c)
  • OCGA 4-12-4(a), (b), (c)

Disclaimer

This article provides general information about Georgia’s statute on equine activity liability. It is not legal advice and does not create an attorney-client relationship. Whether the statute bars or permits a particular claim depends on the facts and on the operator’s compliance with the warning requirement. Anyone injured while riding should consult a licensed Georgia attorney promptly about the particular situation.

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