Alabama lawmakers recognized that equine activities provided significant economic and personal benefits to the State and its citizens but also came with risks. To protect and encourage the continued participation in these activities, lawmakers designed the Alabama Equine Activities Liability Protection Act, codified in Alabama Code § 6-5-337, to limit the liability of equine professionals and activity sponsors for injuries or damages sustained by participants in equine activities.
In general, Alabama Code § 6-5-337 limits the liability of equine professionals, activity sponsors, or persons involved in equine activities for injury or death of a participant resulting from the ‘inherent risks’ of equine activities. Meaning, those involved in these activities – such as riding instructors, stable owners, and event organizers – generally can’t be held liable simply because an accident occurred.
Activities can range from rodeos, competitions, grand prix jumping, and riding, to placing or replacing horseshoes, and administering medical treatment. See Ala. Code § 6-5-337(b)(3). The inherent risks involved with each activity often stem from dangers or conditions that are integral to the activity itself. For example, there is an inherent risk that a horse may have an unpredictable reaction to a sound or sudden movement, that it may have a propensity to behave in ways that result in injury, harm, or death to persons on or around them, or the potential of a participant to act in a negligent manner that contributes to injury to others, such as failing to maintain control over the animal or not acting within his/her ability. See Ala. Code § 6-5-337(b)(6).
However, the law does not give blanket immunity. There are specific situations where an equine professional or sponsor can be held liable. These include situations where the horse wasn’t matched appropriately to the rider’s skill level, a dangerous condition on the property was known and not disclosed, or faulty equipment was knowingly provided. See Ala. Code § 6-5-337(c)(2).
Additionally, equine professionals and sponsors must be proactive; the law requires the following language be posted and maintained in a clearly visible location, on or near stables, corrals, or areas where the equine professional or sponsor conducts equine activity:
WARNING
Under Alabama 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 equine activities, pursuant to the Equine Activities Liability Protection Act.
The language is also required in every written contract for services, instruction, rental of equipment, track or an equine to a participant, whether or not the contract involves activities on or off the location of the business. If these warnings aren’t provided, the legal protections don’t apply.
In Estes v. Stepping Stone Farm, LLC, Estes sued on behalf of his 4-year-old daughter for injuries she sustained after falling off a horse during a birthday party. Estes v. Stepping Stone Farm, LLC, 160 So. 3d 299 (Ala. Civ. App. 2014). Estes alleged that one of Stepping Stone’s employees lost control of the horse, which became spooked and bolted, causing his daughter to fall and suffer head injuries. Id. at 307. The defendants moved for summary judgment, invoking immunity under Ala. Code § 6-5-337. Estes argued exceptions to immunity applied, namely, failure to assess the rider’s abilities and wanton conduct. The court rejected the arguments, finding there was no evidence that those factors caused the injury. Id. at 309. The trial court granted the motion, and the Court of Appeals affirmed, finding that Stepping Stone (an equine activity sponsor) and its staff (equine professionals) were entitled to immunity because the injury resulted from the inherent risks of horseback riding. Id. at 305. Additionally, the court found the defendants complied with the law’s signage requirements, further supporting their claim of immunity.
In short, Alabama’s Equine Activities Liability Protection Act shields equine professionals and event organizers from unjust lawsuits, while still holding them accountable when negligence or wrongdoing is involved.
Gaby Ruiz Atkisson is an associate in the Birmingham office and represents clients in civil litigation, focusing primarily on insurance defense, premise liability, automobile accidents, trucking, and contract disputes. Gaby received her BA in Communication with a minor in Spanish from Auburn University and obtained her Juris Doctor from Samford University’s Cumberland School of Law. While at Cumberland, Gaby served as the President of the Hispanic Interest Law Student Association (HILSA), a team founder of the Center for Children, Law, and Ethics, and a research assistant. Outside of the office, Gaby enjoys cooking new recipes, being with friends and family, and cheering on her hometown team, the Tampa Bay Buccaneers, with her husband Connor.
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