Equine Issues
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Summary |
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| CT - Horse Meat - § 21a-22. Sale of equine meat in public eating places | This Connecticut law states that a public eating place shall not sell or offer equine meat without without indicating such contents of each item in print. Any person, or the responsible agent of any firm or corporation, who violates any provision of this section shall be fined not more than $1,000 or imprisoned not more than 1 year or both. |
| D. Sociedad Protectora de Cocheros de Viña del Mar y otros con Ilustre Municipalidad de Viña del Mar | The ‘Sociedad Protectora de Cocheros de Viña del Mar’ and the owners of ‘Coches Victoria’ filed a complaint or ‘acción de protección’ against Viña del Mar and its Mayor, arguing that municipal decree Nº 11.349, 2014 and the ordinance for the transportation of Passengers in Victoria carriages in Viña del Mar were arbitrary an illegal. The plaintiffs requested the modification of many clauses of the ordinance such as those related to the restriction of schedules and routes, the social evaluation of carriage owners, the requirement of specific technical characteristics for carriages, and the limitation on the number of carriages that a person could own. The Plaintiffs argued that the clauses affected the general interest of the community and the rights of the plaintiffs and their families such as the right to equality, the right against discrimination in the economy, the right to physical and emotional integrity, the right to privacy, and the right to property. The city argued that the statute of limitations had already expired, and that additionally, it had the authority to regulate transportation. Furthermore, the city stated that the ordinance was enacted with the purpose of improving passenger safety and the well-being of the horses. The court ruled in favor of the city, upholding its authority to regulate transportation and finding that the ordinance did not violate any of the constitutional rights alleged by the plaintiffs. Therefore, the ordinance was upheld. |
| David v. Lose |
Syllabus by the Court 1. In order to establish a prima facie case against a bailee in an action sounding in contract, a bailor need prove only (1) the contract of bailment, (2) delivery of the bailed property to the bailee and (3) failure of the bailee to redeliver the bailed property undamaged at the termination of the bailment. 2. In an action by a bailor against a bailee based upon a breach of the contract of bailment, where the bailor proves delivery of the bailed property and the failure of the bailee to redeliver upon legal demand therefor, a prima facie case of want of due care is thereby established, and the burden of going forward with the evidence shifts to the bailee to to explain his failure to redeliver. (Agricultural Ins. Co. v. Constantine, 144 Ohio St. 275, 58 N.E.2d 658, followed.) |
| DC - Horses - Chapter 20. Horse-Drawn Carriages. | This DC regulation makes it unlawful to operate a horse-drawn carriage trade without a license and an ID card. The regulations forbid certain types of bits and require that each horse wear a diaper. Horses may not be worked or driven for more than 8 hours a day. Horses must be rested, provided with food and water. A violation of the regulations may result in a fine of $300 (1st offense). A serious intentional injury to the horse by neglect or inhumane treatment shall be fined up to $2,500. |
| DE - Equine Activity Liability - § 8140. CHAPTER 81. PERSONAL ACTIONS. | This Delaware statute 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. Liability is not limited, however, when the equine professional knowingly used faulty tack, failed to make reasonable and prudent efforts to determine the ability of the participant to engage in the activity, owns or otherwise is in lawful possession of the land upon which the participant sustained injuries because of a dangerous latent condition which was known, commits an act or omission that constitutes willful or wanton disregard for the safety of the participant, or intentionally injures the participant. Equine professionals and sponsors are also required to post warning signs alerting the participants to the limitation of liability by law. |
| DE - Newark - Chapter 5: Animals (Article II: Horses) |
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| Deardorff v. Farnsworth |
In this case, the Oregon Court of Appeals was reviewing whether or not the trial court erred in holding that an insurance company was estopped from relying on an exclusion in an insurance policy. The plaintiffs in this case were transporting horses in California that were owned by other when the trailer carrying the horses caught fire. The insurers for the horse owners compensated the horse owners and then filed an action against plaintiffs. As a result, plaintiffs charged the defense of the action to their insurer, OMI. OMI refused to provide a defense for the plaintiffs, arguing that it was not covered in the insurance policy. Plaintiffs filed an action against OMI to recover the costs arguing that they were verbally told that this would be covered in the policy. The trial court ordered summary judgment for the plaintiffs, holding that OMI was estopped from denying liability because it had breached its contract with plaintiff. Ultimately, the court of appeals reviewed the issue and determined that the trial court had erred in its decision. The court of appeals found that based on applicable case law, estoppel cannot be used to negate an express exclusion in an insurance policy. As a result, the court reversed the trial court's decision and remanded the case. |
| Detailed Discussion of Horse Related Legal Issues |
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| Detailed Discussion of Horse Slaughter for Human Consumption |
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| Detailed Discussion of the Equine Activity Liability Act |
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