Landowner liability – and the understanding of it – can be a critical factor in horse access to property. Liability is determined on a state-by-state basis, and in most states is governed by two sets of laws: Activity Statutes and Recreational Use Statutes.
In the past, this information has been hard to gather and difficult to interpret. ELCR recognized a need to clarify the process; and, with the help of Holly Rudolph, a law student working pro bono and Julie Fershtman, equine attorney data checking and proofing, assembled an in-depth resource showing both sets of laws for each state.
This provides a single source to view and compare statutes by state. ELCR and other organizations had gathered this information before, but as the laws changed, the documents quickly became outdated. Because this site provides live links to the statutes themselves, the information will remain dynamic and up-to-date.
In addition to the live links, the Directory provides a small amount of analysis. Details are provided by state, including whether or not charging a nominal fee will impact a landowner’s liability and whether specific language is required on signage is outlined by state.
ELCR has provided this information for educational purposes only; it is not intended to be legal advice and should not be relied on as such. Please consult an attorney in your state for specific interpretation and guidance on matters relevant to equine activity and recreational use statutes.