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Unless
you've been marooned on a desert island for the past
two decades, you are probably aware that ASTM/SEI
certified riding helmets can help prevent head
injuries. Nevertheless, many equestrians choose not to
wear helmets, for a variety of reasons, mostly related
to tradition, fashion and comfort. As a result, we
receive a lot of questions about helmet-related
liability.
Should I Require Everyone to Wear a Helmet While
Riding?
The short
answer: Only if you are capable of, and willing to,
enforce your helmets-required policy. Riding lesson
programs and guided trail rides are typically able to
enforce helmet policies because all riding is
supervised and many programs even provide helmets for
their customers. In contrast, boarding stable
personnel are not always present when boarders and
their guests are riding. If a facility has a
helmets-required policy and doesn't consistently
enforce it, that situation could create the basis for
a negligence claim, i.e., the failure to enforce a
safety rule contributed to an accident.
If you
aren't confident that you'll be able to ensure
compliance with your helmet policy, and/or you don't
want to be a policeman, you may be better off having a
"helmets highly recommended" policy rather than a
"helmets required" policy. That advises riders that
you recommend wearing safety helmets, but leaves it up
to the individual whether they choose to take the
protective measure of actually wearing a helmet. One
exception may be riders who are under 18, who may not
be of sufficient age and experience to fully
understand the risks of not wearing a helmet.
What about Helmet Waivers?
Regardless
of whether you have a "helmets required" or "helmets
recommended" policy, you should also have a liability
release that spells out the dangers associated with
not wearing a helmet. Such a release can provide the
basis for an "assumption of the risk" defense to a
negligence lawsuit if the injured party signed a
statement saying they understood the increased risks
of injury associated with not wearing a helmet and
they agreed to accept those risks.
Equine Legal
Solutions' liability release forms
include a helmet waiver clause.
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