Equine Liability
Title | Summary |
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Dodge v. Durdin |
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Detailed Discussion of the Equine Activity Liability Act |
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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. |
CT - Equine Activity Liability Statute - Chapter 925. Statutory Rights of Action and Defenses | This short Connecticut statute limits the liability of equine sponsors by providing that each person engaged in recreational equestrian activities assumes the risk for any injury arising out of the hazards inherent in equestrian sports. However, if the injury was proximately caused by the negligence of the person providing the horse or by the failure to guard or warn against a dangerous condition, use, structure or activity, liability if not limited by law. Another section (557s), enacted in 2014, states that, in any civil action brought against the owner or keeper of any horse, pony, donkey or mule to recover damages for any personal injury allegedly caused by such horse, pony, donkey or mule, such horse, pony, donkey or mule shall not be found to belong to a species that possesses a naturally mischievous or vicious propensity. As such, there is no cause of action for strict liability brought against the owner of any horse, pony, donkey or mule to recover damages for any personal injury alleged to be caused by the animal. |
Courbat v. Dahana Ranch, Inc. |
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Cornett v. Red Stone Group, Inc. |
Cornett filed suit against Red Stone Group, Inc. alleging negligence and premise liability. Cornett argued that Red Stone Group maintained a defective gate and fence that led to the Red Stone Group's horses escaping and trampling Cornett which caused her serious injuries. The trial court granted summary judgment in favor of Red Stone Group on the basis of that it was immune from liability under the equine activities statute. Cornett appealed the court’s decision and the court of appeals affirmed the trial court’s decision. Ultimately, the court of appeals needed to determine whether or not Red Stone Group was immune from liability under the statute. In order to determine whether or not Red Stone Group was covered under the statute, the court of appeals looked to the language of the statute. After looking at the language of the statute, the court of appeals found that Cornett was an “equine activity participant” at the time of her injury and therefore Red Stone Group could not be liable for her injuries. Finally, the court of appeals affirmed the trial court’s decision and granted summary judgment for Red Stone Group. |
Cole v. Ladbroke Racing Michigan, Inc. |
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CO - Equine Activity Liability Statute - Article 21. Damages. | This Colorado statute embodies the intent of the general assembly to encourage equine activities and llama activities by limiting the civil liability of those involved in such activities. This section also contains specific provisions related to llama activities. Liability is not limited by this statute where the equine or llama sponsor provided faulty equipment or tack, failed to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the activity, owned or otherwise possessed the land upon which an injury occurred where there was a known 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. |
Clyncke v. Waneka |
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Carl v. Resnick |
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