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A woman sighned a liability waiver to ride her horse on my property. she fell a different horse she didnt have perm. to ride.

Central Islip, NY |

my property is leased and the leasee has liability ins. this apparently happened in August of 2011 and I received a letter today. What do i do?

Attorney Answers 5


  1. If you have insurance on the property, call your rep. Call the lessee and ask for its carrier's rep. Send copy of letter to all carrier reps. Liability wavers are usually good.

    The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.


  2. I agree that you should put all carriers on notice. Waivers are generally valid but only generally and it may not protect you in the case of non-activity related negligence.

    Disclaimer- The information you obtain at our web-site or through postings on such sites as this is not, nor is it intended to be, legal advice. You should consult an attorney for specific advice regarding your individual situation. Any response given here is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response may change appropriately.


  3. Your state is 1 of 4 states that does not have an Equine Activities Liability Protection Act which would have afforded you protection, although in Pennsylvania, notwithstading our act, I have successfully represented probably a hundred horseback riders injued while riding. Just turn the letter over to your insurance company and they will defend the case.

    Free Consultation. 1-877-258-3083. Serving the Nation. Only 29% Fee Deducted.


  4. I agree with my colleagues - notify your insurance carrier. If you want to speak with an attorney, the New York State Bar Association can give you a referral: www.nysba.org

    If we do not have a signed fee agreement I am not your attorney and this is not legal advice.


  5. As indicated to you by the other responders, it is important that you notify your property liability insurance carrier immediately about the accident, and any papers you may have received because of it. I would recommend that any written correspondence you send to your carrier (or insurance broker) should be sent by certified mail return receipt requested, so that you can prove you gave "notice" of the accident and potential claim to the carrier/broker - should that become a question (of your prompt actions) at a later date. Again, you should send written notice to the Lessee who is operating the riding stables/business on your property, giving them notice of a claim being made against you by the woman. You should send a similar letter to the lessee's insurance company, and asking that carrier to provide a defense (at no cost to you) against this woman's claim. While you are at it, you may want to check the lease and/or contract you have with your lessee to see if there are any written portions that expressly state that the lessee has to "defend and indemnify" for any claims brought against you because of accident or injury related to the lessee's use or operation of/on your property. Any such writing will be helpful for you, or the attorneys your insurance company will assign to defend you, later.

    Jeffrey I. Schwimmer, Esq.
    20 Vesey Street - Suite 1200
    New York, NY 10007
    (212) 344-6700
    JSchwimmerEsq@verizon.net

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