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TX - Equine Activity Liability - Chapter 87. Liability Arising from Equine Activities or Livestock Shows. |
This Texas section provides that all persons, including a farm animal activity sponsor, farm animal professional, farm owner or lessee, livestock producer, livestock show participant, or livestock show sponsor, are not liable for property damage or damages arising from the personal injury or death of a participant in a farm animal activity or livestock show if the property damage, injury, or death results from the dangers or conditions that are an inherent risk of a farm animal, a farm animal activity, the showing of an animal on a competitive basis in a livestock show, or the raising or handling of livestock on a farm. The statute also requires the visible displaying of "clearly readable" warning signs that alert participants to the limitation of liability by law. |
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Trummer v. Niewisch |
A woman fell from a horse during a riding lesson when her horse was frightened. The woman brought claims against the riding facility and riding instructor for negligence. The trial court granted summary judgment in favor of the defendants and the Court of Appeals affirmed reasoning horses becoming frightened is an inherent risk when riding.
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TN - Equine Activity Liability - Chapter 20. Equine Activities--Liability |
This act stipulates that an equine sponsor or equine professional, or any other person, including corporations and partnerships, are immune from liability for the death or injury of a participant, which resulted from the inherent risks of equine activities. However, there are exceptions to this rule: a person, corporation, or partnership 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 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. |
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TN - Bovine - Chapter 21. Liability of Bovine Owners |
This chapter operates similarly to equine activity liability laws and provides that a bovine owner shall not be liable for any injury, loss, damage, or death of a person resulting from the inherent risks of bovine activities. The section also requires the posting of warning signs alerting visitors to bovine activities that the owner or operator is not liable. |
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Tilson v. Russo |
In this New York case, plaintiff, an experienced recreational horse rider, was bitten by a horse she intended to use to practice her techniques at defendant's stable. The rider then
brought a negligence action against owners of horse that bit her on the shoulder. In affirming the lower court's granting of summary judgment, the appellate court found that
rider's injury occurred in the context of her participation in the recreational sporting activity of horseback riding, for purposes of primary assumption of the risk principles. She was aware of the inherent risks in sporting events involving horses, had an appreciation of the nature of the risks, and voluntarily assumed those risks.
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THE RISE OF EQUINE ACTIVITY LIABILITY ACTS |
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THE RISE OF EQUINE ACTIVITY LIABILITY ACTS |
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Taylor v. Howren |
A family friend wanted to ride a horse and the horse owner told him it was rideable, despite knowing the horse was not fully trained yet. The family friend sued after being kicked in the eye, knocked unconscious and paralyzed by the horse. The Court of Appeals reversed the trial court's entry of summary judgment for the horse owner on the basis that there was still a genuine issue of material fact as to the horse owner's immunity under the Equine Activities Act.
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Swido v. Lafayette Insurance Co. |
In this Louisiana case, a prospective horse buyer filed an action against the prior sellers and their insurer to recover for injuries when she attempted to ride a horse offered for sale by the initial buyer. At the time of the injury, the horse was under the custody of the original sellers who were paid an additional amount to have the horse trained. The Court of Appeal held that sale of horse was perfected when the first buyer paid the sale price, even though the first buyer paid an additional amount for the sellers to finish training the horse. On the negligence issue, the court found the "green-broke" horse did not present an unreasonable risk of harm when the potential buyer attempted to ride it bareback as to assign strict liability to the prior sellers who had custody of the horse.
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Survey of Illinois Law: Liability for Animal-Inflicted Injury |
This article attempts to explain how Illinois law affects the liability of people who are owners or are in control of animals at the time that an injury occurs, as a consequence of that animal’s actions. The section of this article that is related to equine law discusses how there has been a growing concern of stable owners as a result of increased litigation and insurance costs with respect to equine activity injuries. Furthermore, the article mentions that the purpose of the Illinois Equine Activity Liability Act is to alleviate some risk of liability from those involved in equine activities.
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