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What the EHV-1 Outbreak Means for Your Equine Legal Risks

The 2025 Equine Herpesvirus-1 (EHV-1) outbreak has done more than disrupt show calendars and strain veterinary hospitals. It has created significant legal and practical challenges for horse owners, trainers, boarding facilities, transporters, and event organizers. On November 25, 2025, the American Association of Equine Practitioners (AAEP) and the Equine Disease Communication Center (EDCC) hosted a national webinar providing essential medical and biosecurity guidance. That guidance now carries important legal implications for anyone responsible for the movement or care of horses.

Understanding EHV-1

EHV-1 is a common equine herpesvirus that most horses encounter during their lifetimes. It spreads through nasal secretions, shared airspace, and contaminated equipment or clothing. Many horses carry the virus latently and may begin shedding it during periods of stress, such as shipping, showing, or changes in environment. While most infections resemble mild respiratory illness with fever and nasal discharge, some horses develop the neurologic form, equine herpesvirus myeloencephalopathy (EHM), which can result in incoordination, weakness, recumbency, and, in severe cases, euthanasia.

What Boarding and Training Facilities Should be Doing

One of the strongest messages from the webinar was the importance of temperature monitoring. Fever is often the earliest (and sometimes the only) sign of EHV-1 infection before a horse becomes infectious or shows more serious symptoms. Facilities transporting horses should be taking and documenting temperatures, ideally twice daily, particularly during and after travel and competition. These records serve as evidence that the facility monitored horses appropriately, recognized risk, and acted promptly rather than ignoring early warning signs. Immediate isolation of sick or febrile horses is equally crucial. When a horse develops a fever, shows neurologic signs, or exhibits unexplained nasal discharge during an outbreak, it should be separated from the rest of the population as quickly as possible. A failure to do so can later appear unreasonable if additional horses become ill.

State Reporting Requirements

State law adds another layer of responsibility. Many states require veterinarians or owners to report specific infectious diseases, and some impose formal movement restrictions or quarantines on exposed horses. Failure to comply with these requirements may constitute a violation of state law and can become compelling evidence of negligence if the disease spreads.

Biosecurity as Both Good Practice and Legal Protection

Barn-level biosecurity policies are critical from both medical and legal perspectives. A written policy that is consistently enforced demonstrates that a facility recognized the risk, set expectations for boarders and staff, and followed a defined procedure when quick decision-making was required. In the event of a dispute, a documented policy provides far stronger protection than vague assertions about customary practices.

Boarding agreements should also reflect the realities of infectious disease. Well-drafted boarding and training agreements can give a facility the right to isolate or relocate a horse for health reasons, require owners to disclose recent travel or known exposure, allocate the cost of isolation care to the owner, and clarify that the barn does not guarantee a disease-free environment. These provisions do not eliminate litigation risk but significantly clarify rights and responsibilities at critical moments.

Event Organizers and a Changing Standard of Care

Event organizers face heightened scrutiny because of the large volume of horse movement and the potential for rapid disease spread. USEF veterinarian Dr. Katie Flynn explained that USEF competitions now require current EHV and influenza vaccination, mandatory reporting of fevers or suspected infectious disease, a designated competition veterinarian, and an isolation plan for any event with on-site stabling. USEF has already imposed fines and suspensions for failure to comply with these requirements.

Even unaffiliated shows may be evaluated against this evolving standard. Organizers can reduce liability by consulting veterinarians and state officials, implementing written biosecurity protocols, and enforcing them consistently, including turning away febrile horses and ensuring that suspected cases are isolated or safely transported for veterinary care.

Communication to Clients

Effective communication during an outbreak is essential but must be handled carefully. Transparency helps others monitor their horses and make informed decisions, but it must be balanced with privacy considerations and the risk of defamation. It is appropriate to inform boarders that a suspected or confirmed EHV-1 case has been identified, explain the isolation measures in place, and outline any steps they should take. Identifying specific horses or owners is generally unnecessary unless required by state authorities. Silence, however, is legally dangerous. Failing to inform clients deprives them of the opportunity to protect their horses and can significantly increase liability exposure if the disease spreads.

Conclusion

If you operate a boarding barn, training facility, lesson program, or event venue, this outbreak underscores the importance of reviewing your contracts, biosecurity practices, and emergency protocols. The time to clarify expectations and responsibilities is before your facility faces the ramifications of this ongoing EHV-1 outbreak. 

** Kimbrell J. Hines is an active equestrian and an equine attorney with Turkel Cuva Barrios, P.A., d/b/a Turkel • Cuva • Barrios • Guerra. Kimbrell has extensive knowledge of the nuances of the legal and business challenges that horse owners and enthusiasts experience in the equine industry. Kimbrell represents clients in matters including injuries to horses and riders, sale and purchase contracts, leases and boarding agreements, USEF & FEI compliance and responses, and claims concerning professionals providing equine-related services. Kimbrell obtained her law degree and bachelor’s degree from the University of Florida, where she competed for the University of Florida Equestrian Team. She also has a Master of Science in Human Resource Management from the University of Tennessee. Kimbrell may be reached at khines@tcb-law.com or 813-834-9191. 

*** This article is provided as a guide for educational purposes only. It is not intended to serve as legal advice and should not be used as a substitute for consultation with an attorney.