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Several years ago, two horses got loose in Scottsdale andwere struck and killed on Shea Boulevard near 68thStreet. At that time, little if any public information wasavailable about the circumstances surrounding the loose horses.Regardless, the incident raises some important questions aboutthe responsibilities of horse and livestock owners and their potential liability in the event stock gets loose and does damage tothe property of another or, worse, causes a tragic accident.In order to be found liable in a tort claim, or suit for a civilwrong, (1) one must have had a duty, (2) one must have breachedthat duty, and (3) the wrong suffered must have been caused bythe breach. The duty referred to here is not necessarily an occupational duty or conscious obligation, but in cases of negligence,it is a legal obligation imposed on the person or entity to adhereto a certain standard of care. The standard imposed can varybased on a wide range of factors, but in most instances, it is astandard of reasonable care. If you keep horses or livestock on your property, you are responsible for their well being and for ensuring that they do notcause damage to the property of others. You don%u2019t have to be alawyer to understand that a reasonably prudent horse or livestockowner should have fencing and constraints sufficient to keep theiranimals contained, off of roadways, and out of other peoples%u2019property. Failure to adhere to this reasonableness standard couldbe construed as a negligent breach of one%u2019s legal duty. In the eventhorses or livestock get loose, and the cause was of such negligence,you could be held liable for any damages they cause. Arizona has laws describing a %u201clawful fence%u201d as one that is%u201cconstructed and maintained with good and substantial postsfirmly placed in the ground at intervals of not more than thirtyfeet, upon which posts are strung and fastened at least four barbedwires of the usual type tightly stretched and secured to the postsand spaced so that the top wire is fifty inches above the groundand the other wires at intervals below the top wire of twelve,twenty-two and thirty-two inches. If the posts are set more thanone rod apart, the wires shall be supported by stays placed notmore than seven and one-half feet from each other or from theposts, extending from the top wire of the fence to the ground, andeach wire of the fence securely fastened thereto.%u201d However in accordance with the same law %u201cAll fences constructed other than asdescribed . . . or of other materials equally as strong and otherwiseeffective to turn livestock as the fences described. . . shall also bedeemed lawful fences within the meaning of this section.%u201d SeeArizona Revised Statute %u00a73-1426. This second clause leaves %u201clawful fencing%u201d open to interpretation. But if your horses do get looseand cause damage to the property of others, and it is determinedthat your fencing did not meet the %u201clawful fence%u201d standard, youcould be considered negligent. However, this is not to say thatjust because you had adequate fencing you are absolved of anynegligence claim if it is determined that you left the gates open orknew that you had animals with a propensity to jump out of theirenclosures requiring different equipment, etc.Being a responsible horse owner is important not just for yourhealth and safety but for the safety of your neighbors and yourstock. Failure to take the time and spend the money to take appropriate precautions could result in unfortunate circumstancescosting far more. The same is true in the day to day operation ofyour business. Don%u2019t stop with ensuring secure reliable fencing,document all your transactions to insulate yourself from otherpotential liabilities. By using liability waivers, well writtenboarding contracts, purchase and sale agreements, and othercontracts as appropriate to you will save time and money thatwill allow you to focus on the more important and more enjoyable aspects of your work. oAdam M. Trenk, Esq. (licensed in AZ, OK & KY) is a Partner at Rose Law Group pc(www.RoseLawGroup.com). He is the Chair of the Equine and Cannabis Law Departments for the firm. Adam advises clients on matters of Strategic Development,Contracts, Real Estate & Land Use Matters, Conflict Resolution, Regulatory Compliance and Government Relations. As an avid horseman, he is active in theEquine Community. Adam served as an Elected Councilman and Vice Mayor of CaveCreek, AZ and currently sits on the Advisory Board for the Scottsdale Community College Equine Science Program. He is also the President of Billy Cook Harness &Saddle Mfg., Inc. in Sulphur, Oklahoma. Adam Trenk can be contacted by email at ATrenk@RoseLawGroup.com or by phone at 602-402-3335. Like him on Facebookat www.facebook.com/EquineAttorneys. Follow him on InstaGram @theLawHorseand @GenuineBillyCook.LIABILITY FOR LOOSE HORSESby Adam Trenk, Esq.58 Arizona Horse Connection March, 2026Twisted Tree Farm29001 N. Hayden Rd. %u2022 Scottsdale, AZ 85266(480) 860-8215 %u2022 www.twistedtreefarm.comHunter/Jumper Horse Boarding & Training Barn%u2022 Beginner To AdvancedRiding Lessons%u2022 Training %u2022 Internships%u2022 Show Jumpers For SaleDedicated to showingchampion hunters,jumpers and hunt seat equitation at all levels throughoutthe United States,Canada and Mexico. Janet Hischer