This situation could result in serious liability to the facility as well as to the management of the non-horse activity depending to which group the victim belonged. Spectators at most horse activities assume the risk of injury due to accidents caused by horses being horses and for unusual incidents of play or competition. They do not assume the risk of injuries caused because they were not provided with a safe place from which to observe the sport. A spectator who participates in a game or activity involving livestock may, by so doing, forfeit his spectator status and become a participant for the purposes of the statute. It is often difficult to think of both sides of the picture as most of us are accustomed to viewing things from the perspective of the horse professional who is attempting to provide a safe environment for horse people to safety participate in their sport.
Most insurance companies get nervous when spectators are involved.
They are as much at risk as children. So if one protects the non-horse activity from the horses as if it were a day care center, those people and property should be well protected because no one would allow horses inside an enclosure with a day care center and they would adequately monitor the situation. Then one must make sure that the non-horse activity poses no additional risk to horses, riders, and handlers. The general principles of risk management analysis would still apply.