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Can I be sued for this?

This is a discussion on Can I be sued for this? within the Horse Law forums, part of the Horse Resources category

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        03-11-2013, 02:45 PM
      #11
    Green Broke
    Horseback riding is known to be dangerous-we all ride "at risk"-it's just part of the life.
         
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        03-11-2013, 02:56 PM
      #12
    Green Broke
    If that was a sue-able offense, I would be rich by now!!!
         
        03-11-2013, 03:31 PM
      #13
    Weanling
    She can technically sue you for anything.

    At least here in Texas, she probably wouldn't have a leg to stand on. ANY activity with a horse, regardless of disposition, is seen as an at your own risk activity, whether it be your horse or someone else's horse.

    She would have to prove gross negligence, which I doubt she would be able. There are a million reasons for a horse to buck. My horse threw me off the first day I got on her, without any previous warning or indications she would. It was due to saddle malfunction that wasn't obvious.

    She may have pushed the horse in an unfamiliar situation, she may have lost her balance and grabbed ahold of the horse, startling it, could be she just rides differently, uses different cues and the horse got frustrated- no telling.

    In your case, I would offer help with situation, without saying fault (as this is business, it is always good to offer help, and if goes to court will also be a plus- since that always looks good. If she refuses, not your problem) Gather witness statements, and any video of the horse working with you. Document all correspondence.

    Sounds like she's just po'd (which I probably would be, but I wouldn't necessarily sue over it)
    dbarabians likes this.
         
        03-11-2013, 06:13 PM
      #14
    Showing
    One argument in your favor is that no one forced her to get on the horse.
         
        03-11-2013, 06:42 PM
      #15
    Trained
    And horses do not come with guarantees-other than to empty your wallet, anyway.
         
        03-11-2013, 07:40 PM
      #16
    Weanling
    Nebraska Equine Activity Statute

    Check this out. Hope it helps, I think most all states have laws concerning equine activity.
         
        03-11-2013, 07:47 PM
      #17
    Trained
    Is the OP in Nebraska?
         
        03-11-2013, 07:50 PM
      #18
    Weanling
    Oops! Guess I looked at the poster below the OP LOL, well anyhow they can google equine law in ____. And find what they need. Sorry!
         
        03-11-2013, 07:54 PM
      #19
    Super Moderator
    Dont agree to settle or you'll be admitting guilt
    Right now the onus is on her to prove that you knew the horse bucked and I can't see how she could do that without any evidence
    Its not your problem that she's maybe a crap rider and the horse took a few minutes to figure that out
    Besides - anything could have happened once it left you - she might have had it fastened in for days and it was just letting off steam
         
        03-11-2013, 07:57 PM
      #20
    Trained
    I don't consider this to be the typical equine liability scenerio. Consider, though, ideas a quick google turned up...

    What recourse do I have if I am dissatisfied with the services of a professional horse trainer?

    "Generally speaking," Fershtman says, "virtually anybody who renders a service risks being sued for improper performance of that service." She says any of the following legal theories could apply:

    Breach of contract. A lawsuit might claim that the trainer broke the terms of a contract by failing to keep the horse in training and, possibly, by failing to perform the training services properly.

    Negligence. Depending on the facts, a lawsuit also could claim that the trainer gave negligent care to the horse.

    Deceptive trade practice laws. Some states have consumer protection laws that protect consumers who claim they were deceived into spending money on items or services.
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