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Mounted Accidents |
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Cruelty to Horses |
This segment contains law cases that address liability questions for injuries sustained in horse accidents while mounted. (scroll down to view cases) |
Statutes for Horsemen |
Georgia Court of Appeals (1993) Liabilities
for wreck at a show
Washington Court of Appeals (1993) Always
look a gift horse named duke in the mouth
California Court of Appeals (1993) Riding
instructor's duty of care
New York Appellate Division (1993) Riding
student assumed risk of muddy conditions
U.S. District Court, Maryland (1993) No
assumption of risk in riding borrowed horse
California Court of Appeals (1993) Rent-a-horse
rider assumed risk
New York Appellate Division (1994) No
liability when horse trainer applicant falls off
Indiana Court of Appeals (1994) YMCA camp
may be liable for accident
U.S. District Court, Louisiana (1994) Instructor
liability for not checking tack
Illinois Court of Appeals (1994) Waiver not
valid as to child; animal control act
U.S. Court of Appeals (1995) No negligence in
permitting guest to ride
Wyoming Supreme Court (1995) Rent-a-horse
provider may be liable for mounting accident
California Court of Appeals (1995) State park
not liable for accident
Louisiana Court of Appeals (1995) Horse owner
not strictly liable for rider's injury
South Dakota Supreme Court (1995) Dangerous
propensities; assumption of risk
New Hampshire Supreme Court (1995) Release form
not clear enough to be enforced
Illinois Court of Appeals (1996) Dangerous
propensities and instructor negligence
Louisiana Court of Appeals (1996) Equine
activity act applied to show participant
Oklahoma Supreme Court (1996) Release form
valid in Oklahoma
Louisiana Court of Appeals (1996) Track liable
for injury to exercise jockey
Georgia Court of Appeals (1996) Georgia equine
activity act interpreted
Nebraska Court of Appeals (1996) Wrangler not
negligent; trail rider with an attitude
Florida Court of Appeals (1997) Complaint
stated claim for instructor negligence
Indiana Court of Appeals (1997) Release form
upheld -- rent-a-horse company wins
Ohio Court of Appeals (1997) Release form
upheld -- rent-a-horse company wins
Georgia Court of Appeals (1997) Experienced
equestrian assumed risk of being thrown off
California Supreme Court (1997) No liability
when garbage truck spooked nearby horse
Louisiana Court of Appeals (1997) $127,500
awarded for injuries Mardi Gras parade
New York Appellate Division (1997) Outfitter's
release form void under New York statute
Arizona Court of Appeals (1997) Release form
with trail rider operator invalid
New York Appellate Division (1997) Equestrian
assumed risk of horse slipping on pavement
Wisconsin Court of Appeals (1998) Release form
protected person but not corporation
California Court of Appeals (1998) Exercise
jockey assumed risk of collision on track
Delaware Superior Court (1998) Liability
for runaway race horse
New Mexico Supreme Court (1998) Prosecution
for death of mounted child
Virginia Circuit Court (1998) Experienced
equestrian should have checked her saddle girth
Ohio Court of Appeals (1999) No warranty of
gentleness in sale of horse
Ohio Court of Appeals (1999) Owner not liable
when mare races to barn to reunite with foal
Minnesota Court of Appeals (2000) Owner of mare
being ridden with unweaned foal not liable for injury
Washington Court of Appeals (2000) No evidence
reins were defective or caused accident
New York Appellate Division (2001) No liability
for kicking injury while on fox hunt
U.S. Court of Appeals (2001) Rider did not
prove injury resulted from broken billet
Louisiana Court of Appeals (2001) Seller
liable for injury to horse test rider
New York Appellate Division (2001) Experienced
rider assumed risk of rearing horse
U.S. District Court, Puerto Rico (2001) Horse
provider may be liable for trail ride accident
Washington Court of Appeals (2002) No
proof of trial guide negligence in fall from mule
Massachusetts Court of Appeals (2002) Riding
without a helmet is such an obvious risk that warning is not needed
Minnesota Court of Appeals (2002) Owner of
saddle may be liable for injury that may have been caused by defective
saddle
North Carolina Court of Appeals (2002) Father
of horse owner not liable for injury during attempted test ride by
purchaser
California Court of Appeals (2003) No
liability when horse is spooked by backhoe
Minnesota Court of Appeals (2003). Liability
when trail ride leader runs her horse, causing injured person's horse
to bolt
California Court of Appeals (2003) Primary
assumption of risk bars lawsuit for injuries from horse rearing up
Massachusetts Superior Court (2003) No proof
race horse had vicious temperament
California Court of Appeals (2003) Instructor's
advice not to wear helmet in reining competition not negligent
Kansas Court of Appeals (2004) Whether a horse
had a dangerous propensity is a question of fact
New York Appellate Term (2004) 13-year-old
may not have had enough knowledge to assume risk of injury in lesson
Nebraska Supreme Court (2004) Rodeo bareback rider
assumed risk of flip-over injury because he knew of horse's history
Michigan Court of Appeals (2004) No duty to warn
that horse might buck--an inherent risk
Iowa Court of Appeals (2005) Actions
causing fatality not within scope of employment
Wisconsin Court of Appeals (2005) Statute
protects colt breaking instructor and landowner
New York Appellate division (2005) Plaintiff
did not assume the risk of negligent guides
Michigan Court of Appeals (2005) Court rules
photo inadequate to prove equipment failure
Connecticut Court of Appeals (2006) Experienced instructor not allowed to testify
regarding instruction of novice riders.
U.S. District court, W.D. Louisiana (2006) Contractor had no trucks on the premises and
could not have spooked the horse.
U.S. Dist. Court- Michigan (2006) Horse
owner has duty to warn of horse’s dangerous history
California Court of Apeals (2006) Rider assumed
risk after being led
U.S. Court of Appeals (2006) Deputy
sheriff in a volunteer mounted posse is not
an officer for purpose of federal death benefits.
New York Supreme Court (2006) Groom thrown
from horse with bad history does not collect for emotional distress but
may still recover.
Ohio Court of Appeals (2007) Clap of
thunder is the type of risk that the statue is designed to immunize.
Colorado Supreme Court (2007) Instruction
regarding interpretation of statute reversible error.
New York Supreme Court (2007) Primary
assumption of risk bars recovery from mounting accident.
U.S. Dist. Court - Michican (2007) Coast
Guard helicopter alleged to be cause of fall during lesson.
Minnesota Court of Appeals
(2007) Kicking horse not reasonably
forseeable so owner not liable.
New York Supreme Court (2007) Running horse
an inherent risk not a behavior defect.
Colorado Court of Appeals (2007) Dogs
running loose in violation of ordinance not negligence per se.