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Equine Activity Laws |
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Cruelty to Horses |
Often, these laws require equine providers to post signs in prominent places and/or to include certain language in contracts in order to take advantage of the laws' protections. It is, therefore, important to know whether your state has an Equine Activity Law and, if so, what steps it requires you to take in order to take advantage of its protections. If your state has enacted an Equine Activity Law, you may view its full text by going to Statutes for Horsemen. (scroll down to view cases) |
Statutes for Horsemen |
U.S. District Court, Louisiana (1994) Instructor
liability for
not checking tack
Wyoming Supreme Court (1995) Rent-a-horse
provider may be liable
for mounting accident
Tennessee Court of Appeals (1995) Camp not
liable under equine
activity act
Louisiana Court of Appeals (1996) Equine
activity act applied to
show participant
Georgia Court of Appeals (1996) Georgia equine
activity act
interpreted
Colorado Court of Appeals (1997) Release form and equine activity
Act don't stop lawsuit
Colorado Supreme Court (1998) Supreme Court
reverses Court of Appeals
to enforce release
Wyoming Supreme Court (1998) Equine
activity law doesn't
apply to horse sale
Arizona Court of Appeals (1998) Equine
activity law doesn't
stop lawsuit for injury to child
U.S. District Court -- Wyoming (1998) Slipping
saddle an
inherent risk of riding
Louisiana Court of Appeals (1998) Equine
activity statute
constitutional
Illinois Appellate Court (1999) Recreational
riding not an
equine activity
South Dakota Supreme Court (1999) AT&T
not entitled to
benefit of statute for trench accident
South Dakota Supreme Court (1999) Equine
activity statute
constitutional
Michigan Court of Appeals (1999) Equine
activity statute precludes
recovery for horse bite injury
Illinois Appellate Court (1999) Show
sponsor not liable
for injury from stallion kick in warm-up area
Massachusetts Superior Court (1999) Instructor
has continuing duty
to match rider with horse during lesson
U.S. District Court (1999) Parking truck at
exit
from cross-country ski trail not an inherent risk
Wisconsin Court of Appeals (2000) Equine
professional has duty to
determne rider's level of skill
Michigan Court of Appeals (2000) Act doesn't apply
to injury to
exercise jockey at racetrack, but release wins
U.S. Court of Appeals (2000) Slipping saddle
is an inherent risk
of horseback riding
Georgia Court of Appeals (2000) Statute
protects horse
seller from injury to trainer
Wisconsin Court of Appeals (2000) Statute not
limited to protection
of equine professionals
Tennessee Court of Appeals (2001) Carriage
service not protected by
statute
Georgia Court of Appeals (2001) Posting and notice
not required of
"other persons"
Ohio Court of Appeals (2001) Ordinary bystander
comes within act as
spectator
Colorado Court of Appeals (2001) Member
of calf roping
club entitled to protection of statute
U.S. District Court - Wyoming (2001) Wyoming law
not preempted by
federal law in national forest
Ohio Court of Appeals (2002) Owner of dogs
chasing horse cannot claim
protection of statute
Colorado Court of Appeals (2002) Wrangler
negligence is
not protected by Equine Activity Statute
Iowa Court of Appeals (2002) Injury from
runaway parade
horse protected by Equine Activity Statute
Massachusetts Superior Court (2002) Statute
doesn't stop lawsuit in racehorse trial ride injury case
Texas Court of Appeals (2002) Equine
activity statute
not restricted to facilities open to the public
U.S. Court of Appeals (2002) Court remands
case to decide whether
inherent risk or wrangler negligence caused accident
Illinois Appellate Court (2003) Equine Activity
Act
protects only sponsors and professionals
Texas Court of Appeals (2003) Trailride
provider
negligence not covered by statute
Wisconsin Court of Appeals (2003) Providing
equine as
exception to statute does not include selling horse
Arizona Court of Appeals (2003) Trailride
release
upheld; statute is not unconstitutional
Iowa Supreme Court (2003) Fair spectator hit
by runaway
horse not barred from lawsuit by statute
Minnesota Court of Appeals (2004) Equine
activity
statute in Iowa applied because that was the place of the accident
Florida Court of Appeals (2004) Failure to
post sign required by statute deprives the professional of the
statute's benefits
Georgia Court of Appeals (2004) Neither statute
nor assumption of risk protects equine provider who overstated horse's
gentleness
U.S. Court of Appeals (2004) Skiing accident not
from inherent risk under Wyoming Recreational Safety Act
Louisiana Court of Appeals (2004) Merely
boarding a horse does not subject the owner to equine activity statute
immunity
Wisconsin Court of Appeals (2005) Statute protects colt breaking instructor and landowner
New York Supreme Court (2005) Fall from horse caused by horse becoming frightened, not negligence
California Court of Appeals (2005) Collision with shadow fence an inherent risk without more evidence on equine behavior
Wisconsin Court of Appeals (2005) Presence of "volatile" Arabian ridden by novice an inherent risk in colt breaking class
Wisconsin Court of Appeals (2005) Cantering in third lesson is negligent management of lesson situation
Colorado Court of Appeals (2005) Instruction requiring jury finding of safe horse
and safe activity is reversible error
Texas Court of Appeals (2005) Horse’s
violent reaction to fire ants is an inherent risk
Texas Court of Appeals (2005) Employee
is not a participant within the meaning of the statute
Michigan Court of Appeals (2006) Release protects horse owner after broken bit causes
injury
U.S. District
Court, W.D. Louisiana (2006) Contractor
had no trucks on the premises and could not have
spooked the horse
Michigan Court of Appeals
(2006) Viewing horses for sale is an equine activity
New Jersey Court of Appeals (2006) Matching
a horse to the rider is question for jury
U.S. District Court, W. Virginia (2007) Breech
of horseman's duties must proximately cause the injury.
U.S. Court of Appeals (2007) Exhibitors
must permit inspection of a Tennessee Walking horse even if he believes
it to be unreasonable.