Unpredictable Behaviors of Horses as a Risk in Equine Assisted Therapeutic

Settings: A Risk Management Plan

Jenine M. KernUniversity of Central Oklahoma

November 26, 2012

Equine Assisted Therapies• The presentation and

interaction of a horse to one or more persons for the purpose of providing a beneficial impact on human health or well being.

• Studies illustrating the benefits animals have on human physiological and psychological health

• Field of mental health increasingly interested in field

Walsh, F. (2009). Human-animal bonds I: The relational significance of companion animals. Family Process, 48(4), 462-481

The Risk

Horses500 poundsLiving and breathing: own

personalities/temperaments/fears/etc.

Unpredictable behaviorsFlight animalsCommunication differs

Legal Significance (1/3)Key Points

American Psychological Association (APA) Ethical Principles of Psychologists Code of Conduct

1. Violation does NOT by itself determine whether a professional is legally liable in a court action, whether a contract is enforceable, or whether other legal consequences occur, they MAY be applied to them by the state psychology boards, courts, or other public bodies.

2. Written and enforced based on legal rather than ethical admissible as evidence in some legal proceedings, presenting a high importance for professionals to consider.

American Psychological Association (2010) Ethical principles of psychologists code of conduct. Retrieved from: http://www.apa.org/ethics/code/index.aspx

Legal Significance (2/3)Key Points

Equine Activity Liability Act (EALA)

-44 states included -Modify common law to encourage equine activities, which limits the liability equine professionals face for any injury or death of an equestrian participant -

EXAMPLE: CASE LAWGalardi v. Sea Horse Riding Club (1993) -California not under EALA= Riding Club retained liability, plaintiff awarded

Galardi v. Sea Horse Riding Club, 20 Cal. Rptr. 2d 270 (Cal. Ct. App. 1993)

Legal Significance (3/3)Key Points

Oklahoma Livestock Activities Liability Limitation Act

*Equine= livestock*Activities with livestock may result in injury “even in absence of any fault or negligence on the part of persons or entities who sponsor, participate or organize those activities”*Limit the civil liability of the livestock/horse activity

State of Oklahoma Statutes: Livestock Activities Liability Limitation Act (Okl. St. Ann. §76.50.1-4)

EXAMPLE: CASE LAWFintzi v. Riverdale Riding Corporation (2006)

-New York (same adherence to EALA as Oklahoma) liability on rider

-Duties of defendant couldn’t control “livestock”/horse

Risk Management Strategy (1/4)

1. Proper education in equine physiology, psychology and behaviors.

Risk Management Strategy (2/4)

2. Proper selection of horses to use in medical treatment manor.

A horse used in your program should meet the following criteria:a. The horse must have a quiet and dependable

temperamentb. The horse must have excellent moving qualitiesc. The horse must have no prior record of intentionally

injuring a persond. The horse must be sacked out by a professional

horseman professional to ensure to the program director that he/

she has a strong control over being flighty. e. The horse may not have any physical ailments

Risk Management Strategy (3/4)

3. Completion of an accreditation in one of the two major certification programs in the field

Certification Board: Equine Interaction Professionals (Mental Health and

Education)

Equine Assisted Psychotherapy and Equine

Assisted Learning

Risk Management Strategy (4/4)

4.Liability release

References American Psychological Association (2010) Ethical principles of psychologists code of

conduct. Retrieved from: http://www.apa.org/ethics/code/index.aspxBarteau, Y. (2007) Ride the right horse: Understanding the core equine personalities & how to

work with them. North Adams, MA: Storey Publishing.Carmel, K. M. (1995). The equine activity liability acts: A discussion of those in existence and

suggestions for a model act. Harvard Law Review. Retrieved from: http://heinonline.org/HOL/LandingPage?collection=journals&handle=hein.journals/kentlj83&div=10&id=&page=

Cantin, A., & Marshalll-Lucette (2011). Examining the literature of the efficacy of equine assisted therapy for peope with mental and behavioral disorders. Mental Health and Learning Disabilities Research and Practice, 8, 51-61

Eickhoff-Shemek, J. M., Herbert, D. L., & Connaughton, D. P. (2009). Risk management for health/fitness professionals: Legal issues and strategies. Baltimore, MD: Lippincott Williams & Wilkins.

Fintzi v. Riverdale Riding Corporation, 32A.D.3d 701;819.2d 919 (N.Y.S. 2006)Galardi v. Sea Horse Riding Club, 20 Cal. Rptr. 2d 270 (Cal. Ct. App. 1993)Hallberg, L. (2008) Walking the way of the horse: Exploring the power of the horse-human

relationship. Bloomington, IN: iUniverse. Lac, V. & Walton, R. (2011). Companion animals as assistant therapists: Embodying our animal

selves. British Gestalt Journal, 21, 32-9State of Oklahoma Statutes: Livestock Activities Liability Limitation Act (Okl. St. Ann.

§76.50.4)Walsh, F. (2009). Human-animal bonds I: The relational significance of companion animals.

Family Process, 48(4), 462-481