This brief summary presents reasons why trainers should be held criminally liable when racehorses break down under the New York anti-cruelty statute, Agriculture and Markets Law § 353. This section prohibits anyone from unjustifiably overdriving, torturing, injuring, or killing animals. By racing unfit horses, the trainers are not only withholding medical care, but are causing pain and further injury to the horses, which is cruel under the statute. Knowingly racing an unfit horse meets the definition of “cruelty” under § 353, and a guilty trainer should be held to account.
Tragically, anywhere from 700 to 800 Thoroughbred racehorses have to be destroyed each year because of injuries they have suffered while racing. Over the past two years, four horses have died in high profile horse races, including the Kentucky Derby, which has led to claims of cruelty in the sport. The number of racehorses dying has led many people to wonder who is ultimately responsible when a racehorse suffers a catastrophic injury. Because racehorse trainers are responsible for the physical condition of their horses, they should be held responsible when a horse in their training breaks down.
Trainers come from a variety of backgrounds, but most have had experience working with horses prior to training racehorses. In New York state, a trainer or assistant trainer must have a license from the state Racing and Wagering Board, which is granted if the applicant’s experience, character and general fitness meet the standard required. Trainers have to pass a written test to show that they know about horse anatomy, disease, medication, applicable rules and regulations, and training procedures and equipment. They also have to pass a practical examination to show they know about horse anatomy, lameness/disease, and care of horses. The trainer’s background and experience make him or her an expert in racehorse care and maintenance. The trainer is the one who decides the horse’s training regimen and which drugs to administer. Trainers are primarily responsible for the care, condition, and health of their horses.
One might think that the trainer’s professional responsibility would be to safeguard the horses’ health, but unfortunately, the financial pressure to run sore horses has led many trainers to use drugs to keep their horses ready to race. When a horse develops physical problems, the trainer is more likely to give it a drug as a short-term fix than to allow the horse to rest and recover. The racehorses are pushed too hard when a slight injury makes them more vulnerable to increased injury if raced.
The New York regulations allow certain types of pain-killers to be given to a horse up to 24 hours before post time of a race. The use of drugs has been found to help cause breakdowns because the horse cannot feel the pain of an injury and can seriously hurt itself. An injury could be made much worse if the horse continues working. Such an injury could even be fatal.
Working or racing a horse that is unfit for labor and causing it to break down is cruel under the New York anti-cruelty statute, Agriculture and Markets Law § 353. This law prohibits anyone from unjustifiably overdriving, torturing, injuring, or killing animals. It also makes it illegal for any person to cause, permit, or or further any act that causes any animal to be overdriven, tortured, or unjustifiably injured, or killed. The section also defines "torture" or "cruelty" as an act that causes "unjustifiable" physical pain. Unjustifiable is said to be something that is not reasonable, avoidable, or excusable. Racing an unfit horse is avoidable, and is, therefore, unjustifiable. In addition, when trainers race unfit horses, the trainers are withholding medical care, which is neglect. They are also causing pain and further injury to the horses, which is cruel.
The trainer may be convicted of cruelty if an unfit horse is worked with his or her knowledge and consent. When trainers knowingly race unfit horses, they should be held criminally liable under § 353. This statute should be applied to racehorses trainers who commit cruelty when they race horses they know to be lame or otherwise unfit.