Equine Issues

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Titlesort descending Summary
Bucking the Trend: Why Maryland Does Not Need an Equine Activity Statute and Why It May Be Time to Put All of These Statutes Out to Pasture


Part I of this comment shows the impetus behind equine activity statutes. Part II shows why the need for equine statutes no longer exists based on the doctrine of primary implied assumption of risk. Lastly, Part III surveys Maryland law to show that Maryland will not benefit from an equine activity statute and therefore should not adopt one.
Burgess v. Taylor


Owner of pet horses sued boarders of horses who sold them for slaughter, asserting tort of outrage, or intentional infliction of emotional distress.  The Court held that: (1) element of tort of outrage, or intentional infliction of emotional distress, requiring outrageous and intolerable conduct depends on conduct of wrongdoer, not subject of conduct; (2) boarders' actions constituted tort of outrage; and (3) award of $50,000 compensatory damages and $75,000 punitive damages was not excessive.
Burgess v. Taylor


Taylor v. Burgess is a landmark case in Kentucky allowing non-economic damages for an animal. Judy Taylor's two horses were stolen and sold for slaughter. Taylor then successfully sued for non-economic damages.
CA - Abandonment - § 597.2. Equines; abandoned or relinquished; auction and adoption programs This California statute sets forth the requirements for the sale of equines at a private or public auction and that the minimum price must be above the animal's slaughter price. It also provides that a sale to an individual who buys an equine under the personal use provision shall submit a written statement declaring that the person is adopting the equine for personal use and not for purposes of resale, resale for slaughter, or holding or transporting the equine for slaughter.
CA - Burro - § 4600. Killing or capturing undomesticated burro; prima facie evidence This section makes it unlawful to kill, wound, capture, or have in possession any undomesticated burro. An undomesticated burro is a wild burro or a burro which has not been tamed or domesticated for a period of three years after its capture.
CA - Burro - § 53074.5. Undomesticated burros; removal by officer or employee of local This California law allows an officer or employee of a local animal control agency to remove an undomesticated burro that strays onto private land at the request of the landowner. Such officer can also remove an undomesticated burro that strays onto a public roadway to ensure public safety.
CA - Docking - § 597n. Docked horses; prohibition of docking; importation or use of unregistered animals This law was amended in 2009 to prohibit the docking or cutting of the solid part of any horse or cattle. Violation of the law constitutes a misdemeanor. The new law does provide an exclusion for the docking of any cattle's tail in an emergency for the purpose of saving the cattle's life or relieving the cattle's pain provided that the emergency treatment is performed consistent with the Veterinary Medicine Practice Act.
CA - Horse - § 21759. Caution in passing animals This California law provides that the driver of any vehicle that approaches a horse drawn vehicle, any ridden animal, or livestock must exercise proper control of his vehicle and shall reduce speed or stop as may appear necessary to avoid frightening the animal and to insure safety of the person in charge of the animal.
CA - Horse docking - § 597p. Docked horses; registration; time; fee; certificate This statute requires every owner, or user of any docked horse, within the State of California, to register his or her docked horse.
CA - Horse docking - § 597q. Docked horses; unregistered; prima facie evidence This statute provides that driving, working, keeping, racing or using any unregistered docked horse 60 days after the passage of this act is prima facie evidence of the fact that the party engaged in such activity docked the tail of such horse.

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