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Brief Summary of the Equine Activity Liability Act |
Many states have enacted EALA, which limits equine professionals’ liability for injury or death to equestrian participants. EALA only limits liability if the injury or death had been due to an inherent risk involved with interacting with horses. EALA does not limit liability if the injury or death had been caused by a non-inherent risk or caused by the equine professional’s own negligence.
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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.
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Burns v. Leap |
In this Georgia case, the plaintiff-invitee was knocked into a barbed wire fence by horse that was being boarded by the property owner, suffering injuries as a result. The Court of Appeals agreed with the trial court's order of summary judgment, finding that, under dangerous-animal statute, the property owner did not know of any vicious propensity on part of horse. Further, the invitee failed to show that horse had a vicious propensity and therefore could not prevail on premises-liability claim.
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Carl v. Resnick |
In this Illinois case, plaintiff Judy Carl was riding her horse on a trail in the Cook County Forest Preserve when the horse upon which defendant was riding pinned its ears back, turned its body toward plaintiff's horse, and kicked plaintiff and her horse. One hoof struck plaintiff's leg, causing her injury. In interpreting the state's Equine Act, the court observed that plaintiff's complaint against defendant was not barred by the Equine Act unless plaintiff's recreational riding of her own horse on a public trail was one of the limited activities sought to be encouraged by the Act. After determining that there was no conflict between the Illinois EALA and Animal Control Act, the court reversed the trial court's order denying plaintiff's motion for summary judgment and entered summary judgment for plaintiff on Count I as to liability under the Animal Control Act (510 ILCS 5/16 (West 1995)).
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Clyncke v. Waneka |
In this Colorado case, an inexperienced horse rider who was injured in fall from horse during a horse roundup, brought an action under the Colorado Equine Activities Statute against the owners of riding stable. The lower court, after a jury trial, entered a judgment for the stable owners. On appeal at the Supreme Court, the Court found that the Equine Statute places a two-pronged duty on sponsors; a sponsor is liable when he or she fails to make reasonable efforts to determine either a participant's ability to engage in the equine activity or a participant's ability to manage a particular horse. Here, a new trial was in order because the result may have been different if court had properly instructed the jury regarding the exception from civil liability for the sponsor.
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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. |
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Cole v. Ladbroke Racing Michigan, Inc. |
Plaintiff, a licensed horse exercise rider sued the operator of a horse racing facility after he had been injured when he was thrown off a horse that he had been exercising, when the horse became spooked by a kite on the Defendant’s premises.
The court determined that the Equine Activity Liability Act (EALA) did not offer protection of immunity to the Defendant because the exercising was found to be an activity in preparation for a horse race and the EALA does not apply to “horse race meetings.”
However, the Plaintiff had previously signed a release, which covered “all risks of any injury that the undersigned may sustain while on the premises,” therefore, the Defendant was released from liability of negligence.
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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. |
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Courbat v. Dahana Ranch, Inc. |
The cases concerns personal injuries sustained by one of the plaintiffs (Lisa) while she and her husband were on a horseback riding tour on the Dahana Ranch on the Big Island of Hawai'i. Prior to taking the ride, they signed waivers. The Courbats do not dispute that they both signed the Ranch's waiver form; rather, they assert that the Ranch's practice of booking ride reservations through an activity company, receiving payment prior to the arrival of the guest, and then, upon the guest's arrival at the Ranch, requiring the guest to sign a liability waiver as a precondition to horseback riding is an unfair and deceptive business practice. The question whether a waiver requirement would be materially important in booking a horseback tour remains one for the trier of fact. Because a genuine issue of material fact, resolvable only by the trier of fact, remains in dispute, the grant of summary judgment on the claim was erroneous the court held.
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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. |
