University of Vermont AAHS

Landowner's Liabilities


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This section consists of law cases that deal with various aspects of the liability of a land owner or occupier for injuries occurring to others on his or her property.

There are other materials at the site related to landowner's liabilities. Select Statutes for Horsemen: Livestock Laws for a collection of statutes dealing with fencing laws. Select Statutes for Horsemen: Recreational Use Statues for a collection of statutes dealing with limiting liability of a landowner for injuries to a person he or she has permitted to have access to his or her property without charge.

(scroll down to view cases)

 

 

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Texas Attorney General (1994) Attorney General opinion regarding receational use statute

Texas Court of Appeals (1995) Recreational use statute doesn't apply to social guest
Florida Court of Appeals (1995) Owner liable for injury to trespasser

Texas Supreme Court (1996) Arena owner not liable for rock injury to spectator
New Jersey Appellate Division (1996) Was racetrack negligent in lighting track?
Vermont Supreme Court (1996) Landowner not liable for horse kicking child

Illinois Court of Appeals (1997) Landowner's duty to prevent escape of boarder's horse
Wisconsin Court of Appeals (1997) Fair exhibitor not a property owner under  use statute
Nevada Supreme Court (1997) County owned no duty to show participant regarding locked gate
Idaho Supreme Court (1997) No liability for dog chasing horse if equestrienne was trespassing
Nebraska Supreme Court (1997) Use statute doesn't apply to social guest injured by horse
Louisiana Court of Appeals (1997) No proof hole in pasture caused injury to equestrienne

Nebraska Court of Appeals (1998) Lawsuit against rodeo association for injury to spectator
New York Appellate Division (1998)  Horse show not liable for injury from horse kick

New York Appellate Division (1999)  Neighbor has standing to challenge stable zoning ordinance
Minnesota Court of Appeals (1999)  Loose horses on own land don't violate run at large statute
New York Appellate Division (1999)  Landowner has special duty to protect children from horses
Louisiana Court of Appeals (1999) Landowner has no duty to child-proof horse pasture
Louisiana Court of Appeals (1999) Neighbor not liable for pole placed on land before purchased by horse owners
New York Appellate Division (1999) Arena owner not liable for undiscovered leaky water pipe

Maryland Court of Special Appeals (1999) Judgment against track for injury to horse reversed
Connecticut Superior Court (1999) Landlord not liable to farrier for kick by boarded horse
U.S. District Court, Wyoming (1999) Recreational Use Statute doesn't apply to negligent act by owner's agent

North Carolina Court of Appeals (2000) Landowner liable for injury from horse spooked by swinging gate
Minnesota Court of Appeals (2000) Show sponsors not liable for slip and fall at horse show
Louisiana Court of Appeals (2000) Landowner not liable for injury from horse stabled on property

Washington Court of Appeals (2000) Landowner is liable for injury from horse stabled on property

Ohio Court of Appeals (2001) Landowner not liable for injury from open and obvious hazard at horse auction
Texas Court of Appeals (2001) Lessor not liable for injuries on highway caused by bull owned by leasee
Wyoming Supreme Court (2001) Liability for mounted accident   precluded by recreational use statute

U.S. Court of Appeals (2002) Fee for riding gondola not a charge for using land under recreational use statute
New York Appellate Division (2002) Farm may be liable for negligence of non-employee


Arizona Supreme Court (2003) Lawsuit against city for sledding accident barred by recreational use statute
Louisiana Court of Appeals (2003) Landowner not liable for injury caused by utility pole support wire
Kentucky Court of Appeals (2003) Show management may be liable for slip and fall at Rolex Three-day Event
Ohio Court of Appeals (2003) Seven-year-old social guest became trespasser when she entered a horse paddock
New York Appellate Division (2003) Owner of leased property not liable for death caused by horse belonging to tenant

Kentucky Court of Appeals (2004) Owner not liable to social guest for injury from aiding in loading a colt into a trailer
South Dakota Supreme Court (2004) Owner enjoined from keeping livestock next to land where they trespassed

Ohio Court of Appeals (2005) Landowner has no duty to warn social guest of dangers posed by horses

Illinois court of Appeals (2006)  Special use did not run with the land
Missouri Court of Appeals (2006)  Continuous possession, signs and fences establishes adverse possession

Utah Court of Appeals (2006)  Landowner intent held irrelevant in consideration of nonconforming use

Wyoming Supreme Court (2007)  Evidence as to how cow escaped overcomes summary judgement