Government Relations Committee THE MARYLAND HORSE COUNCIL


by Jane Seigler, MHC Government Relations Committee Co-Chair


Reminder: Helmets for Minors law takes effect October 1


Starting October 1, an


adult who is present and di- rectly supervising a minor may not allow the minor to ride a horse unless the minor is wearing a prop- erly secured helmet that meets or exceeds ASTM standards for helmets for equestrian use. Te law applies to riding on public roads or trails, plus private facilities whose primary purpose is equestrian ac- tivities, and that offers to the public recreational, educational,


therapeutic


Jane is an active dressage in- structor and is retired from a federal regulatory law practice. Jane explained the defi-


nitions of “tort” and “neg- ligence.” She set forth the state of current Maryland law on liability waivers (which will


remain in ef-


or competitive equestrian activities. Tere are exemp- tions for minors who are crossing a public road that separates land not covered by the law, who are engaged in an agricultural practice, who are Amish or Mennonite, or who are receiving therapy services under certain circum- stances. Te full text of the new law is here: https://mgaleg.maryland. gov/2024RS/chapters_noln/Ch_467_hb0113T.pdf


The Helmet Bill was signed into law in Annapolis on May 9. Pictured seated from left: Sen- ate President Bill Ferguson, Gov. Moore and House Speaker Adrienne Jones. Also pictured standing are MHC youth member Tori Picha, MHC Government Relations Committee Chair Jane Seigler, MHC Equine Assisted Services Committee Chair Rachel Neff and bill sponsor Del. Mary Lehman (PG & AA).


fect until the new law be- comes effective on October 1. 2024). She also explained the doctrine of Assumption of the Risk, which can pro- tect equine business owners, and which is unaffected by the new law. Finally, Jane explained the doctrine of Contributory Negligence, which affects how damage awards are calculated when negligence is determined in court, and how the doctrine of


Contributory Negli-


gence, as a practical matter, has tended to act as a deterrent to negligence lawsuits in Maryland. Maryland is one of only five jurisdictions that ap- ply the Contributory Negligence standard. Jane also discussed why Maryland has not pursued the enactment of


Highlights from the Maryland Horse Council Industry Professionals’ Webinar on Liability Waivers, Negli- gence, Limited Liability, Insurance & The New Law


Also on October 1, a new law that makes clauses in liability waivers that waive or limit liability for negligence will become unenforceable. On May 21, MHC offered a webinar that explained what the new law does and doesn’t do, and provided a platform for discussion about what equine businesses that use waivers should do now. Interest in MHC’s IP members-only webinar was incredibly strong,


drawing over 90 registrants including a number of new IP members. Over 80 logged-on for at least a portion of the webinar. In order to foster a free exchange of dialogue and opinions, the webinar was not recorded. Te first part of the webinar focused on basic education needed as the background to a productive conversation.


Maryland’s Legal Landscape Past MHC President & current Government Relations Committee co-Chair Jane Seigler provided education on tort & contract law basics.


“equine limited liability laws,” which are in effect in many states, and the possible negative “unintended consequences” of pursuing such laws in Maryland. For more background on contributory vs comparative negligence and equine limited liability laws, please see this MHC resource: MHC IS- SUE ANALYSIS: Insurance, Litigation, Liability Reform and the Ef- fect on the Maryland Horse Industry https://equiery.com/maryland- horse-councils-position-on-equine-liability-la…


Te Story of SB 452/HB 162 MHC President Kim Egan provided the background for how the


Maryland Horse Council organized a grassroots awareness campaign about the bill as it moved through the legislature, and why the legislators were unpersuaded by the over 100 witnesses who testified against the bill. Kim is an active attorney with a concentration in life science industries regulated by either the FDA or the USDA, co-chair of the MHC Gov- ernment Relations Committee, and a horse owner and rider. Providing background on the origin of the bill was Frank Boston,


continued...


MHC does not endorse political candidates. We support incumbents who are in a position to support, or have already supported, the horse industry on general policy issues and in specific pieces of legislation.


www.equiery.com | 800-244-9580 THE EQUIERY YOUR MARYLAND HORSE COUNCIL PUBLICATION | JULY 2024 | 21


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