Liability insurance - it isn’t what you might think it is
To all workers, volunteers and supporters at Cheyne Ranch,
Pre-requisite: I wrote a related blog post: chra.us/fall
When you have a moment, will you please read it?
Also, I want you to understand the risk, reality and insurance here.
We pay about $10,000 each year for liability insurance.
Insurance:
Equine liability insurance in Florida does not pay for a person's medical costs if they are injured. In fact there is a Florida law called Equine Activities Liability Act that states equine professionals are not liable for injuries or death. Here is a summary:
Limitation of Liability (773.02 & 773.03):
Generally, equine activity sponsors and professionals are not liable for injuries or deaths resulting from the "inherent risks of equine activities."
Exceptions exist for cases of negligence, faulty equipment, failure to warn of dangerous conditions, and intentional harm.
Posting and Notification (773.04):
Requires equine activity sponsors and professionals to post warning signs and/or provide written warning notices to participants, informing them of the liability limitations.
Injuries:
We do have injuries here - of course we do - we offer over 5,000 horse rides a year. Let's figure out the math on (a high estimate of) 5 injuries for every 5,000 rides. All the injuries are minor so far. A jammed finger, a wrist fracture, and who knows how many bumps and bruises. There have been 3 kids who visited the urgent care for x-rays that I am aware of over the past 5 years. Of these injuries, 2 of the families have inquired if Cheyne Ranch insurance will pay for their out-of-pocket medical expenses.
My answer to them is: No, I'm sorry we cannot. Equine liability insurance in Florida does not work that way.
The answer from my insurance agent: Absolutely not. Stop talking to them. Stop all communication, don't pay out anything. Start documenting the incident. Find the camera footage. No communication with them. I don't care if it is your neighbor, or your friend. Radio silence. They are mistaken if they think insurance will pay out for any medical costs - their only option is to sue. Don't talk to people who are going to sue you. You are covered if people sue you, thankfully you have insurance.
So what is our insurance for?
It is because we are in Florida, and anyone can sue, for any reason, at any time. And lawsuits are stressful, messy, life changing, time consuming and expensive. If someone does choose to sue us, the balance of probability (based on the EALA and prior case law) suggests they will lose. However, the insurance will pay for the attorneys and other potential losses on behalf of Cheyne Ranch during the lawsuit.
The Take Away:
Safety matters. Safety is the only thing that matters. Horses, and animals in general can be dangerous and unpredictable. A major injury would be life changing to everyone involved. A lawsuit is life changing to everyone involved.
We here at Cheyne Ranch do so much more than any other barn to focus on safety. I'm obsessed. I research, read, visit, listen, learn. And I keep learning. And keep trying to do better.
So please focus on safety, know and follow our safety practices. Slow down, ask questions. Say no to students who want to do something unsafe. Thoughtfully examine the horse you are going to have a student ride. Make sure their helmet fits properly. Tell me if we have broken saddles or tack. Let me know if there is a fence pokey thing that is going to hurt someone. We sometimes have wild animals dig holes in our yard - help me find those, or better yet, grab a shovel and fill them in. Help us keep things safe.
Last but not least:
On a happy note, I am so appreciative of the way you all love these animals and students. After safety, love is the next thing. And its the best thing. ❤️
