Want to become a horse riding instructor? Here’s one thing you should be aware of

If you are thinking about becoming a horse riding instructor, or giving lessons to friends, you have probably already considered how much to charge and your chosen discipline. But have you thought about how to protect yourself if things go wrong?

Horse riding is a beautiful and thrilling activity, but it comes with risk. As a horse riding instructor, it’s important to not only focus on teaching your students proper riding techniques, but also to think about protecting yourself and your business against the potential risks of accidents occurring. Coaches can limit their liability for personal injury claims by using an effective waiver of liability.

What could go wrong?

In McDermott v Woods [2015] NSWDC 27, a horse riding instructor was ordered to pay $334,734 in damages plus legal costs to her student who was injured during a lesson. On 26 March 2010, 35 year old Elizabeth McDermott took her horse “Star” for a lesson with her coach Milea Woods in Milton, New South Wales. She was a relatively inexperienced rider and had bought Star to learn on. During the lesson, Elizabeth started to have some trouble slowing Star’s canter, and so the coach called her over and tightened the horse’s noseband to the highest hole. When Elizabeth tried to canter Star again, she reared and fell to the ground, crushing Elizabeth’s ankle. She suffered a fractured heel bone and soft tissue injuries, resulting in ongoing physical and psychological pain.

What are the legal consequences?

Elizabeth brought an action against the coach in the District Court of NSW. One of the issues the judge considered was whether a waiver had been signed prior to having any lessons. The coach was unable to produce evidence of a waiver signed by Elizabeth.

Ultimately, the judge found the coach had acted negligently by tightening the noseband and was wholly liable for Elizabeth’s injuries. This was partly because the coach knew that Star was particularly sensitive to tight equipment around her mouth. The judge noted that instead of tightening the noseband to the highest hole, the coach could have discussed the matter with Elizabeth, tightened the noseband gradually by one hole at a time, asked Elizabeth to dismount before tightening the noseband, lunged Star until it was clear that she was comfortable with the adjustment, or instructed Elizabeth to canter small circles of 10 to 20m.

The coach was ordered to pay $334,734 in damages and Elizabeth’s legal costs. 

How can you protect yourself?

Horse riding instructors should take reasonable care to avoid foreseeable risks, and can use a waiver of liability to limit their liability for personal injury claims. It is also a good idea to ensure that copies of signed waivers are stored so that they can be produced at a later date if required.

A PURE Equine Law waiver of liability can exclude liability to the maximum extent possible. PURE Equine Law specialises in preparing professional legal contracts for agistment centres, horse trainers, sales agents, stud farms, riding schools, professional riders and coaches. Contact us for more information.

*Information is general and not legal advice.