What to Know About Leasing a Horse

What to Know About Leasing a Horse

Horse Lease Agreement

In the equine community, it is quite common to lease a horse. Leasing a horse provides benefits to both the lessor and lessee. For the horse lessor, it can help offset the expenses that come with owning a horse. Plus, if the owner does not have enough time to frequently ride his or her horse, leasing is a good option to help the horse receive regular exercise and remain healthy. For the horse lessee, leasing can be a more affordable option than owning a horse. It can also allow him or her to ensure they are ready for horse ownership without the stress of a long-term commitment.

The Process of Leasing a Horse

When leasing a horse, you are entering into a legally binding contract. The leasing process should be taken seriously by both parties. In order for you to find the right horse for your needs, you should do your research before signing any agreement. It is very important that you choose a horse that matches your riding abilities and riding goals.

When meeting with the horse owner(s), be sure to ask questions to learn about the horse’s overall history and temperament. Request copies of the horse’s veterinarian records to learn about its health. You can ask to have the vet conduct an exam prior to signing the lease. Also, always ride a horse before signing any leasing agreement. If you are new to horse riding, ask a horse trainer or a seasoned equestrian to join you for the test ride. He or she will be able to give you a professional and experienced opinion.

Types of Horse Lease Agreements

Just like leasing a house or car, there are different types of horse lease agreements to choose from. While every lease agreement is different, the two most common leases are:

  • Partial Lease Agreement: This is commonly referred to as a “half lease.” With this type of lease, you are able to ride the horse a set number of days per week. The number of days can vary from lease to lease, and it will typically affect the fixed monthly payment. Most often, you are sharing the horse with other riders or the owner. You might be asked to pay a percentage of the vet and boarding bills. In some leases, you might only be responsible for paying a riding fee. If you have never owned or leased a horse before, a partial lease agreement might be the most convenient, cost-effective option for you rather than a full lease agreement.
  • Full Lease Agreement: With a full lease, you are typically responsible for paying for all of the horse’s expenses, including feed, boarding, and veterinarian bills. In addition to the general expenses, there might also be a lease fee. This fee will be a calculated percentage of the horse’s overall value. In a full lease, you are the only individual riding the horse and you can usually ride it whenever you want. Depending on the owner, you might be able to keep the horse at your own barn. However, some horse lessors require that the horse remains on their premises or at their boarding facility. A full lease is the closest option to owning your own horse without having to make long-term decisions for the horse, such as retiring, selling, or end-of-life care.

Both equine leasing agreements have their pros and cons. Plus, there are other leasing options available. In order to choose the best lease for you, you should consider consulting with an experienced equine lawyer.

Working with an Equine Law Firm to Lease a Horse

Not only can an equine law firm help you decide on a leasing agreement, they can help you with the entire horse leasing process. At Clayborne & Wagner LLP, we are well-versed in all areas of equestrian law. We work with clients on both equine transactions and litigation claims involving personal injury, property damage and breach of contract. For more information on our equine law practice led by attorney Corinne Mitchell, visit https://www.cswlawllp.com/equine-law-services/. If you have questions regarding leasing out your horse or leasing a horse for yourself, you can contact our team.

 

How to Avoid Personal Injury Claims

How to Avoid Personal Injury Claims

Avoiding Equine Injury Claims

All equestrians know that if one thing is certain – it is that horses can be unpredictable. Because of the size and strength of horses, riders and pedestrians can easily endure personal injury. However, there are steps that owners and riders alike can take to avoid equine personal injury claims. Our equine law attorneys have gathered tips and tricks to limit equestrian injuries.

Types of Equestrian Incidents

There are various ways that someone can incur personal injury from horses. According to 2021 horse-riding accident statistics, 2 out of 3 horse-riding injuries can be prevented. It is essential to understand the situations where incidents can occur, so you can take proper precautions to avoid injuries. Common causes of equestrian accidents include:

  • Stable mishaps
  • Broken tack
  • Slipped saddle
  • No safety checks
  • Unsafe environment and trails
  • Trainer negligence
  • Kick, fall, and trample injuries

According to the National Trauma Data Bank, 74.83% of equestrian deaths were caused by head and neck injuries.

  • Head and Neck Injury Deaths – 74.83%
  • Thoracic Injury Deaths – 18.44%
  • Abdominal Injury Deaths – 5.31%
  • Extremity Injury Deaths – 1.42%

How to Prevent Horseback Accidents and Injuries

There are simple steps that riders can take to prevent horseback riding injuries. According to the American Academy of Orthopaedic Surgeons, there are a few tips for riders to prevent injury:

  • Wear riding helmets
  • Wear leather boots with a small heel
  • Inspect riding equipment
  • Size saddle and stirrups
  • Use safety stirrups and supervisor if a novice
  • Ride on flat terrain if a novice
  • Stay alert
  • Do not go off-trail
  • Approach horses at their shoulder, not from behind

By following these simple tips and tricks, riders, owners, and those in the equine field can stay safe and limit accidents and injuries.

I Have an Equine Injury – What Now?

If someone suffers an injury due to an equestrian incident on your property or while interacting with or riding your horse, they may be eligible to file a personal injury claim. At Clayborne & Wagner, we understand that accidents happen. Get in touch with our expert equine attorneys for equestrian legal assistance.


Sources:

Fernanda Camargo, William R. Gombeski Jr, Polly Barger, Connie Jehlik, Holly Wiemers, James Mead & Amy Lawyer | Pedro González-Redondo (Reviewing Editor) (2018) Horse-related injuries: Causes, preventability, and where educational efforts should be focused, Cogent Food & Agriculture, 4:1, DOI: 10.1080/23311932.2018.1432168

Meredith, L., Ekman, R., & Thomson, R. (2017). Horse-related incidents and factors for predicting injuries to the head. BMJ Open Sport — Exercise Medicine4(1). https://doi.org/10.1136/bmjsem-2018-000398 Meredith, L., Ekman, R., & Thomson, R. (2017). Horse-related incidents and factors for predicting injuries to the head. BMJ Open Sport — Exercise Medicine4(1). https://doi.org/10.1136/bmjsem-2018-000398

Mutore K, Lim J, Fofana D, et al

Hearing hoofbeats? Think head and neck trauma: a 10-year NTDB analysis of equestrian-related trauma in the USA

Trauma Surgery & Acute Care Open 2021;6:e000728. doi: 10.1136/tsaco-2021-000728 

Equine Law 101

Equine Law 101

Although people take steps to limit their liability and take the proper safety precautions, there are unavoidable risks while working with horses.  Laws concerning equine activities protect those providing these activities from liability resulting from horse-related injuries. Learn what Equine Law is all about and why Clayborne & Wagner feels this service is essential.

What Is Equine Law?

Horses are a unique variable when it comes to law. Horses could be considered as livestock property, a vehicle, an athlete, and many other roles. Therefore, equine-related litigation requires someone with thorough knowledge of the subject. Equine Law relates to all aspects of horses, horse-related activities and industries, businesses, organizations, and facilities. Equine Law can range from preparing equine-related contracts and animal rights matters to gaming laws and equine injury. 

Equine Activity Liability Acts

Illinois, among other states, protects equine activity providers through the Illinois Equine Activity Liability Act. The Act recognizes that people participating in equine activities may incur injuries as a result of the natural associated risks of engaging in and around horses and delineates the responsibilities and assumed hazards the participants of equine activities undertake.  The Act seeks to reduce the risk of lawsuits and litigation stemming from the inherently risky nature of participation in equine activities. 

Injuries and loss incurred from participation in equine activity must satisfy the requirements of the Act and not be subject to any of the Act’s exceptions in order for the liability protections to apply.  One exception under the Act that will not protect providers of equine activities is gross negligence.  To avoid falling into an exemption to liability protection, an equine activities provider needs to be up to date on the law.  Did you know that under the Illinois Equine Activity Liability Act, a specifically worded “WARNING” sign must be posted where equine activities are taken place?  Clayborne & Wagner is here to help you navigate this tricky terrain and guide you to stay compliant under the Act and gain its liability protections. 

Clayborne & Wagner – Equine Law Services

At Clayborne & Wagner, we possess vast knowledge of all things equestrian. We are qualified in both equine litigation and transaction services. 

Our litigation services include:

  • Personal Injury
  • Property Damage
  • Breach of Contract
  • Insurance
  • Misrepresentation
  • Equine Activity Liability Act

Our transaction services are comprised of:

  • Contracts
  • Property Damage
  • General Liability

If you are looking for someone that understands your circumstance through and through, our avid equestrian/attorney team has the understanding to handle your case. Get in contact with us today to understand how we can help you.