Does North Dakota law protect those who provide horse boarding, training, and riding services from liability for injuries sustained by their customers?

Yes. North Dakota's equine activity statute generally shields "equine activity sponsors" and "equine professionals" from liability for bodily injuries sustained by participants during equine activities.

An equine activity sponsor or an equine professional is not liable for an injury to or the death of a participant engaged in an equine ac

What is a Pet Trust? Would it allow me to include my horses in a will?

Generally speaking, one cannot directly will property to an animal. However, this does not necessarily mean that you cannot provide for your horses or other animals in the event that they outlive you. Many States have expressly recognized the validity of "Pet Trusts" where the animal's owner establishes a formal trust for the care of the animal after the owner’s death. For example, the Uniform Trust Act - which has

At many barns, I have seen signs warning of the "inherent risks of equine activities" which state that the barn is not responsible for any injuries caused by such risks. Does merely posting such a sign relieve the barn of liability for riding injuries?

During the past several years, a majority of states have enacted "equine activity statutes" whose purpose is to limit liability for injuries arising from "equine activities," and most of these laws require signage warning of the "inherent risks" o

I want to start a riding facility on my property, but I want to protect myself against being sued when someone riding on my property or riding one of my horses falls off or is otherwise injured. Can you talk about liability releases for riding facilities?

It goes without saying that any horse (even miniature ones) can pose a significant risk of bodily injury to those on or around the horse, and that someone who is seriously injured in a horse-related incident may have little choice but to c

I gave a "friend" one of my mares with the understanding that I could breed the mare back the following year. A year later, she refuses to return my calls. What can I do to breed my old mare? Can I make her give the mare back?

If your "friend" refuses to return your calls, and you wish to pursue the matter, you may have little choice but to sue her. While something in writing signed by her, stating your understanding of the agreement, would greatly improve the likelihood of success, it i

When a mare is shipped for live-cover breeding, who is responsible should the mare become injured while breeding?

Whether the mare is injured during transport or otherwise under another's care, the circumstances may give rise to a unique legal relationship called bailment. Traditionally, a bailment relationship may arise under the following circumstances: (1) delivery of property without transferring ownership; (2) acceptance of the property; and (3) an agreement that the property be delive