Equine Issues

Displaying 141 - 150 of 275
Titlesort descending Summary
Lindauer v. LDB Drainlaying, Inc.

In this Colorado case, the owners of a thoroughbred racehorse brought a negligence action to recover for injuries to his horse against the corporation that  installed underground pipe on property leased by plaintiffs. The lower court entered judgment on a verdict awarding damages to plaintiffs. On appeal, this court held that the evidence of negligence and contributory negligence was sufficient for jury where defendant physically left an unfinished project for two months where the horse was injured. Defendant still owed a duty of care that it would have owed as contractor. However, plaintiffs were not entitled to damages for care and feeding of injured horse.
Loman v. Freeman This case concerns surgical procedures performed on a racehorse that rendered the horse unfit for future racing. The horse's owners brought this action against the veterinarians who performed the surgical procedure, alleging negligence and conversion. The circuit court dismissed and the court of appeals reversed the decision of the lower court. At the state supreme court, the court affirmed the judgment of the appellate court. The court found that defendant was permanently deprived of the use of the horse due to its lameness from the surgery, which sustained the claim of conversion.
MA - Equine Activity Liability Statute - Chapter 128. Agriculture. This Massachusetts law provides that an equine activity sponsor, an equine professional, or any other person shall not be liable for an injury to or the death of a participant resulting from the inherent risks of equine activities. The statute sets out several definitions related to equine activities, but specifically notes that the term "engage in an equine activity" shall not include being a spectator at an equine activity, except in cases where the spectator places himself in an unauthorized area or in immediate proximity to the equine activity. Liability is not limited by this statute where the equine professional knowingly provided faulty tack or equipment, failed to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the equine activity, owns or otherwise is in lawful possession of the land or facilities upon which the participant sustained injuries because of a known, dangerous latent condition, or if he or she commits an act or omission that constitutes willful or wanton disregard for the safety of the participant or intentionally injures the participant.
MA - Equine transport - License plates for vehicles transporting equine animals This Massachusetts law provides that vehicles transporting equines must have a special license plate. Also, the use of multiple deck vehicles or the so-called "possum belly" vehicle used in the transportation of equine animals is prohibited.
MA - Horse - § 3. Sleigh or sled; bells This Massachusetts law states that no person shall travel on a way with a sleigh or sled drawn by a horse, unless there are at least three bells attached to some part of the harness.
Matter of Ricco v Corbisiero


Petitioner harness race-horse driver was suspended by the New York State Racing and Wagering Board, Harness Racing Division for 15 days for failing to drive his horse to the finish. The driver argued that whipping the horse had not improved his performance. Considering that the horse had equaled his best time, and had lost by only two feet, and that it would have been a violation of the New York anti-cruelty law (Agriculture and Markets Law ( § 353) to overdrive the horse, the court overturned the suspension.
McClendon v. Story County Sheriff's Office


A farmer was neglecting her horses and the entire herd confiscated by animal control officers.  The farmer brought a section 1983 claim against the animal control officers for acting outside of the scope of their warrant by removing more than just the sick horses.  The Court of Appeals affirmed the trial court in part, holding the animal control officers were entitled to qualified immunity and seizure of all the horses was not unreasonable or outside the scope of the warrant. 
McDermott v. Carie, LLC


Plaintiff, after signing waiver of liability release, severed his finger while untying the horse from a fence. Though the waiver was illegal, defendants were allowed to enter a redacted release into evidence to show that the plaintiff was aware that equine activities were inherently dangerous. Montana Supreme Court held that the trial court did not err in admitting the document and that because plaintiff had failed to object to the release during trial and voir dire, he waived his right to appeal.
MD - Equine Transport - Subtitle 9. Transporting Horses. This Maryland section provides the requirements for transporting horses. The law states that "[a] person may not transport a horse in a vehicle that is not designed and constructed in a manner that at all times protects the health and well-being of the horse being transported." Of importance is the provision that limits the vehicle used to transport the horses to one level (e.g., no double-deck trailers are allowed). Violation of the law incurs a civil penalty in the amount of $500 per horse for the first offense and $1,000 for each subsequent offense.
ME - Equine Liability - Chapter 743. Equine Activities This act stipulates that an equine sponsor, equine professional, or any other person engaged in an equine activity, is immune from liability for the death or injury of a participant, as well as property damage, which resulted from the inherent risks of equine activities. However, there are exceptions to this rule: a person will be held liable for injuries of an equine activity participant if he or she displays a willful and wanton or intentional disregard for the safety of the participant and if he or she fails to make reasonable and prudent efforts in ensuring the safety of the participant. In addition, a person will also be held liable for the injury of an equine activity participant if he or she is injured on the land or at a facility due to a dangerous latent condition of which was known to the equine sponsor, professional or other person.

Pages