Your farrier is shoeing your horse. The horse rears and stomps on the farrier’s back. He is airlifted to the hospital. He sues you for $500,000 lost wages and medical bills. You assume he has “Worker’s Comp.” He doesn’t; he’s an independent contractor.
Key Takeaways
- Assumption of Risk: The legal defense is often that farriers “assume the risk” of the profession. However, if you knew the horse was dangerous and didn’t warn him (or sedate him), you are liable for negligence.
- Independent Contractor: Farriers are rarely employees. They don’t have Worker’s Comp unless they buy it themselves (many don’t). They come after your liability insurance.
- Care, Custody, Control (Reverse): If the farrier hurts the horse, his insurance pays. If the horse hurts the farrier, your insurance pays.
- Medical Payments: Your policy’s “MedPay” (e.g., $5,000) can pay his immediate ER deductibles to generate goodwill and prevent a lawsuit.
The “Why” (The Trap): The Unsafe Workspace
You have a duty to provide a safe environment.
The Scenario: You hold the horse. You know he hates the farrier. You don’t sedate him. He strikes.
The Verdict: You were negligent. Your Personal Horse Liability or Farm Liability policy must defend you.
The Investigation: Liability Claims
I spoke to a liability adjuster.
- The Defense: “We usually win these cases based on Assumption of Risk, unless the owner did something stupid like spooking the horse or failing to disclose a known vice.”
- The Settlement: “Even if we win, we often settle for $20k – $50k to make it go away.”
- The Policy: You MUST have Equine Liability. Homeowners might exclude this if they consider the farrier a “business invitee” on an undeclared farm.
Comparison Table: Who Pays?
| Scenario | Farrier’s Insurance | Your Insurance |
| Horse Kicks Farrier | Health/Disability (if he has it) | Liability (if you were negligent) |
| Farrier Pricks Horse (Abscess) | Care, Custody, Control | Mortality (if horse dies) |
| Farrier Slips on Ice in Barn | N/A | Premises Liability |
[IMAGE: Photo of a farrier working under a horse]
Step-by-Step Action Plan
- Sedate if Needed: If your horse is bad, sedate him. Don’t risk the farrier’s back to save $50 on Dormosedan.
- Clear the Area: Provide a flat, clean, well-lit area. Don’t make him work in a muddy paddock. This reduces your negligence.
- Ask for Proof: Ask your farrier: “Do you carry disability or worker’s comp insurance?” If not, realize you are his safety net.
- MedPay: Ensure your liability policy has at least $5,000 in Medical Payments to Others.
FAQ
Can I make him sign a waiver?
You can. It helps. But it doesn’t override gross negligence.