Letter from the MHC President, continued...


lobbyist for the Maryland Association for Justice, the organization that pushed for passage of the bill. Frank is the founding partner of Boston Plaut law fi rm, a horse owner, a client of a large lesson and training facility, and the Maryland Horse Council’s former lobbyist for matters related to the shared use of public resources on Sundays (aka “the Sun- day deer hunting issue”). He explained that many recreational facilities, such as trampoline parks, climbing gyms, etc. require participants (or their parents/legal guardians in the case of, e.g., birthday parties held at these types of facilities) were required to sign a legal document that waived their right to sue in the event that participants were injured by the negligent actions of the facility and/or its employees, e.g., failing to maintain equipment. SB 452 passed and will become law, on October 1, having been


signed by the Governor on May 16th. To read the new “ACT concern- ing Courts – Prohibited Liability Agreements – Recreational Facilities,” please click here: https://mgaleg.maryland.gov/2024RS/Chapters_noln/ CH_941_sb0452t.pdf Legislative Summary: For the purpose of establishing that a provision in a contract or agreement relating to the use of a recreational facility that purports to limit the recreational facility’s liability, or release the recreational facility from or indemnify or hold harmless the recreational facility against liability, for injury caused by negligence or other wrongful acts is void and unenforceable under certain circumstances; and generally relating to liability agreements and recreational facilities.


T e Conversation Armed with this background information, attendees engaged in Part 2 of the webinar, a “Town Hall” style discussion. T ree attorneys and two insurance brokers served as the offi cial panel, fi elding questions and engaging in dialogue with the members in attendance, which included quite a few attorneys also involved in the horse industry. T e discussion was lively and thought provoking. Many participants asked questions about if/how the new law will aff ect their specifi c activities and opera- tions.


Topics discussed included: Can I still use a liability waiver, and if so, what should it say? Can I use a waiver form I found on the internet? How does this new law aff ect my insurance coverage and rates? What other things can I do to limit my liability? Who can/should sign my waivers? Am I protected if my insur- ance company “accepted” my waiver? It was also suggested that stables that solicit the general public, and


have one or more horses, and either give lessons, board horses, or have a rental service, or are a rescue or sanctuary stable, should be sure to comply with Maryland state law and obtain a Stable License. Holding


a license illustrates that the stable meets the minimum standards of care (for facility, for tack, etc.) required by the State of Maryland, which could be useful if the stable is wrongly sued for negligence. None of the panelists expected the new law to have an impact on


the “Recreational Use Statute.” MD Natural Resources Article, Section 5-1104, (https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?a rticle=gnr&sec…). Under Maryland’s recreational use statute, landowners who allow the public to use their land for recreational purposes generally cannot be held liable by those who are injured on their property as long as the landowner does not charge a fee for the use of their land.


Final T oughts From Panelists Rebekah Lusk (Lusk Law, LLC); “I would recommend that everyone speak with their own legal advisor to make sure they have a release that is crafted for their specifi c business and not look for a standard template, as it may not comply with Maryland law or be appropriate for their busi- ness. In addition, to make sure they have the appropriate insurance for their business.” William McDaniel, Jr. (Ballard Spahr): “As this new law takes eff ect, it


is a good time to review our waiver forms to ensure they provide a strong basis for asserting the defenses of assumption of the risk and contribu- tory negligence. T at is the best protection against any ill eff ects this new legislation might cause.” Genevieve Macfarlane (Steven Palmer, LLC): “We do not know how the courts are going to handle the new law. T e best thing you can do is make sure you have a up-to-date waiver and take steps as advised by an equine law attorney to limit your liability as much as Maryland law allows.” Frank Boston (Boston Plaut): “Use this new law as an opportunity to


revisit your pre-existing waivers to make sure the language is updated and succinctly protects you for ‘assumption of risk’ and ‘contributory neg- ligence’ affi rmative defenses.” C.R. Hogendorp (Hogendorp Insurance Advisors): “Do not assume


you have coverage. Talk with your agent to ensure your policy is tailored to your specifi c operation.” Burley Cocks (Burley Insurance & Financial Services): “When using


or looking for a lawyer OR insurance agent for your equine operation make sure that individual is well versed on the subject and nature of your equine business.” T is IP members-only webinar was provided as a member benefi t to MHC Industry Professional members to ensure that these vital mem- bers of Maryland’s burgeoning horse industry receive support to ensure that their businesses thrive.


HELP US REBUILD OUR PAC WAR CHEST


What do creating a special position within the MD Dept. of Agriculture to support horse businesses, making it easier for MD barns that off er equine assisted therapy to qualify for grants from the MD Dept. of Veterans Aff airs, and exempting horse farmers from a requirement for on farm composting permits from the MD Dept. of the Environment, have in common? They are just three of the bills that the Horse Council successfully lobbied for passage in last year’s Legislative Session in An-


napolis. We need your help to continue our work on behalf of you and your horses. By law, we cannot make PAC contributions while the Legislature is in session (now through April 8). We need to rebuild our PAC balance for this year’s round of can- didate fundraising, so please make your PAC donation now. Please donate today - every dollar counts, but we need your contribution ASAP! THANK YOU!


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


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