QUESTION
How does Colorado Equine Activity Liability Act work?
Asked on Apr 16th, 2013 on Personal Injury - Colorado
More details to this question:
I am a member in an HOA in CO that leases land to a horseback trail riding operation. The trail riding operation has a liability insurance naming us an additional insured. Under Colorado Law, an equine professional is not liable for the injury to or the death of a participant in equine activities resulting from the inherent risks of equine activities, pursuant to section 13-21-119, Colorado Revised Statutes. I am trying to determine what the HOA's risks are and whether we would be offered the same protections under the statute as the equine professional? Or would our risks be higher because we are the land owners.
1 ANSWER
It is a good question. Landowners are general only liable under the premise liability act. Whether this applies depend on where a person was injured and how. The best approach is to have a good lawyer make sure the trail riding company (and the principals in the company, personally) agree to indemnify you. Then get insurance from a knowledgeable agent. In addition, you want to make sure you have the protections that an LLC or S-Corp afford.
Answered on Apr 18th, 2013 at 8:43 PM