I am looking at leasing my horse out for a small weekly fee, the horse will be kept at my property but the agreed leasee will be able to come and ride horse as they please. I will take care of all upkeep of the horse. If they are to fall off the horse or injure themselves somehow, am I legally liable for any personal injury?
QLD Leasing Horse - Am I Liable for Any Personal injury?
- Thread starter jackie
- Start date
Hi Jackie,
Generally speaking yes you would possibly still be liable, especially as an occupier but a definitive answer could depend on how exactly they are injured and who was at fault for the fall and the injury.
I did a lease agreement once for my wife and we excluded all liability for any injury whatsoever whilst our horse was leased but it was on the lessees property. It may not in fact have been effective then as it might not be effective for you, but you could try and include in a written agreement a waiver of all liability on your part. At least you could try but without actual formal legal advice it may not be effective.
Good luck.
Paul.
Generally speaking yes you would possibly still be liable, especially as an occupier but a definitive answer could depend on how exactly they are injured and who was at fault for the fall and the injury.
I did a lease agreement once for my wife and we excluded all liability for any injury whatsoever whilst our horse was leased but it was on the lessees property. It may not in fact have been effective then as it might not be effective for you, but you could try and include in a written agreement a waiver of all liability on your part. At least you could try but without actual formal legal advice it may not be effective.
Good luck.
Paul.
S
Sophea
Guest
Hi jackie,
Yes as Paul said, as an occupier of the land you would be joined to any claim for liability for injury, but if someone was injured while riding the horse and wanted to bring a claim for compensation, they would most likely want to join you as the owner of the horse. Lawyers generally join any party to could potentially be liable, and they may try to make some argument that you failed to warn the rider that the horse was not bomb proof or that it was foreseeable for some reason that the rider would be injured as a result of the horse's nature or tendencies etc. I would definitely get a strongly worded disclaimer of liability.
Yes as Paul said, as an occupier of the land you would be joined to any claim for liability for injury, but if someone was injured while riding the horse and wanted to bring a claim for compensation, they would most likely want to join you as the owner of the horse. Lawyers generally join any party to could potentially be liable, and they may try to make some argument that you failed to warn the rider that the horse was not bomb proof or that it was foreseeable for some reason that the rider would be injured as a result of the horse's nature or tendencies etc. I would definitely get a strongly worded disclaimer of liability.
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