Horse Business Legal Protection: Liability Waivers, Horse Sales & Lawsuits with Equine Attorney Yvonne OCrant
What happens when someone gets hurt at your barn, even when you weren’t there? What happens when a horse you helped a client buy turns out to be the wrong horse? And will your liability waiver actually protect you? In this episode of the Equine Business Edge Podcast, Jamie Birch sits down with equine attorney and horseman Yvonne OCrant to discuss the legal risks horse professionals face and what you can do before something goes wrong. Yvonne has spent more than two decades helping horse owners, trainers, breeders, veterinarians, farriers, boarding facilities and other equine businesses with contracts, horse sales, liability, risk management, disputes and litigation. Jamie shares his own experience of someone being seriously injured at his facility while Jamie wasn’t even thereand the claim that followed. It illustrates an important lesson: even if you did nothing wrong, you may still have to defend yourself. Yvonne explains why insurance, enforceable liability releases, contracts, documentation and good business practices work together to protect horse professionals. They dive into horse sales and the potential liability trainers assume when helping clients purchase horses. Yvonne explains why trainers should clearly document what they've agreed to do and why a pre-purchase exam can protect the trainer as well as the buyer. They also discuss what happens when X-rays are recommended but declined, why text messages and written records can become critical evidence years later, and real cases involving alleged horse-sale misrepresentation. Jamie and Yvonne then explore medical care at boarding and training facilities. Who can authorize medication? What happens when the owner can't be reached? A written agreement can establish those expectations before an emergency happens. Finally, Yvonne explains why simply having a document called a “liability waiver” isn't enough. Releases may need specific language required by state law and should address the actual risks of your facility. Borrowing another barn's form, or using one written for another state, may not provide the protection you think it does. And yes, you'll hear the story of Bubba, the longhorn bull who occasionally wandered into an arena. SPECIAL OFFER FOR EQUINE BUSINESS EDGE LISTENERS Yvonne is offering listeners a FREE 30-minute initial consultation. She is also offering a customized liability release for a one-time flat fee of $350 - including a consultation and necessary changes. Contact Yvonne OCrant: Office: 312-704-3080 Text/Cell: 847-420-1613 Website: HinshawLaw.com TIMELINE 00:00 – Welcome & conversations in tack rooms 01:13 – The lawsuit that led Jamie to Yvonne 04:02 – Winning vs. having to defend yourself 05:58 – How exposed is a facility owner? 08:11 – Signs, waivers & risk management 10:35 – When someone refuses to sign a waiver 12:13 – Legal problems facing horse professionals 16:58 – Horse sales & the navicular case 19:43 – The bucking-horse case & smoking-gun texts 22:47 – Trainer liability when helping buy a horse 25:40 – Why trainers need written agreements 30:36 – How PPEs protect trainers and buyers 32:58 – Documenting declined X-rays 34:35 – The danger of handshake agreements 38:44 – Medication & medical authorization 41:51 – Emergency veterinary care 44:17 – What does a liability waiver really protect? 45:40 – Why borrowed waivers can fail 48:20 – Why seemingly crazy lawsuits happen 51:30 – Insurance + contracts + best practices 52:00 – Property conditions & liability 54:02 – Known hazards and negligence 55:25 – Tailoring waivers to your property
