Texas is not California. Thankfully - Page 3 - The Horse Forum
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post #21 of 41 Old 05-28-2013, 03:17 PM
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Quote:
Originally Posted by dbarabians View Post
Section 87 of the Texas Civil Code is pretty straight forward. It clearly states the due to the inherent risk involved when handling livestock owners are not liable for any damages when an injury occurs. Shalom
The TX law is very similar to the NC law and both have exceptions. In the NC cases that I have reviewed, they usually try to sue based on this exception...

(2) the person provided the farm animal or livestock animal and the person did not make a reasonable and prudent effort to determine the ability of the participant to engage safely in the farm animal activity or livestock show and determine the ability of the participant to safely manage the farm animal or livestock animal, taking into account the participant's representations of ability; (
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post #22 of 41 Old 05-28-2013, 03:33 PM
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Unbeknownst to me, a adult man and my under age son took the horses for a trail ride. The man's horse sidestepped a hole that had held a telephone pole. The guy fell off and seemed hurt so my son called 911. The hospital felt he'd bruised his spleen and next thing I know his family is suggesting a lawsuit. I reminded them that I was out of town at the time and could charge him with stealing the horse. When I spoke to my ins. agent, he said not to worry if it goes to court that the judge will ask him if he was forced to get on the horse.



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post #23 of 41 Old 05-28-2013, 03:34 PM
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OK has very similar language to NC and AZ, but the VERY LAST sentence talks about a waiver of liability:

Oklahoma

Oklahoma Statutes Annotated. Title 76. Torts. Livestock Activities Liability Limitation Act. § 50.1. Short title--Legislative intent—Construction.

Statute Details
Printable Version
Citation: OK ST T. 76 § 50.1 - 50.4

Citation: 76 Okl. St. Ann. § 50.1 - 50.4

Last Checked by Web Center Staff: 02/2013

Summary: The Oklahoma Livestock Activities Liability Limitation Act provides that it is the intent of the Oklahoma Legislature to encourage livestock activities by limiting the civil liability of livestock activities sponsors, participants and livestock professionals involved in such activities. A livestock activity sponsor, a participant or a livestock professional acting in good faith and pursuant to the standards of the livestock industry shall not be liable for injuries to any person engaged in livestock activities when such injuries result from the inherent risks of livestock activities. Liability is not limited by this statute where the equine professional knowingly provided faulty tack or equipment, failed to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the equine activity, owns or otherwise is in lawful possession of the land or facilities upon which the participant sustained injuries because of a known, dangerous 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. Oklahoma also has a unique provision that explicitly states that two or more persons may agree, in writing, to extend the waiver of liability pursuant to the provisions of the Oklahoma Livestock Activities Liability Limitation Act.


Statute in Full:
§ 50.1. Short title--Legislative intent--Construction

A. This act shall be known and may be cited as the "Oklahoma Livestock Activities Liability Limitation Act".

B. 1. The Oklahoma Legislature recognizes that persons who engage in livestock activities may incur injuries as a result of the risks involved in such activities even in the absence of any fault or negligence on the part of persons or entities who sponsor, participate or organize those activities.

2. The Oklahoma Legislature finds that the state and its citizens derive numerous economic and personal benefits from livestock activities.

3. It is, therefore, the intent of the Oklahoma Legislature to encourage livestock activities by limiting the civil liability of livestock activities sponsors, participants and livestock professionals involved in such activities.

C. The provisions of the Oklahoma Livestock Activities Liability Limitation Act shall not be construed to conflict or amend Sections 10 through 15.1 of Title 76 of the Oklahoma Statutes.

CREDIT(S)

Laws 1999, c. 326, § 1, eff. Nov. 1, 1999.



§ 50.2. Definitions

As used in the Oklahoma Livestock Activities Liability Limitation Act:

1. “Engages in a livestock activity” includes training, racing, showing, riding, or assisting in medical treatment of, or driving livestock, or engaging in any agritourism activity involving livestock or on a location where livestock are displayed or raised, and any person assisting a participant, livestock activity sponsor or livestock professional. The term “engages in a livestock activity” does not include being a spectator at a livestock activity, except in cases where the spectator places himself or herself in immediate proximity to livestock activity;

2. “Agritourism activity” includes, but is not limited to, any activity carried out on a farm or ranch that allows members of the general public, for recreational, entertainment, or educational purposes, to view or enjoy rural activities, including farming, ranching, historic, cultural, harvest-your-own activities, or natural activities and attractions. An activity is an agritourism activity whether or not the participant pays to participate in the activity;

3. “Livestock” means any cattle, bison, hog, sheep, goat, equine livestock, including but not limited to animals of the families bovidae, cervidae and antilocapridae or birds of the ratite group;

4. “Livestock activity” includes but is not limited to:
a. livestock shows, fairs, livestock sales, competitions, performances, or parades that involve any or all breeds of livestock and any of the livestock disciplines, including, but not limited to, rodeos, auctions, driving, pulling, judging, cutting and showing,

b. livestock training or teaching activities or both such training and teaching activities,

c. boarding or pasturing livestock,

d. inspecting or evaluating livestock belonging to another, whether or not the owner has received some monetary consideration or other thing of value for the use of the livestock or is permitting a prospective purchaser of the livestock to inspect or evaluate the livestock,

e. drives, rides, trips, hunts or other livestock activities of any type however informal or impromptu that are sponsored by a livestock activity sponsor,

f. placing or replacing horseshoes on an equine, or otherwise preparing livestock for show, and

g. agritourism activities involving the viewing of, handling of, riding of, showing of, or other interactive activities with livestock;

5. “Livestock activity sponsor” means an individual, group, club, partnership or corporation, whether or not the sponsor is operating for profit or nonprofit, which sponsors, organizes, or provides the facilities for, a livestock activity, including but not limited to: livestock clubs, 4-H clubs, FFA chapters, school and college-sponsored classes, programs and activities, therapeutic riding programs, and operators, instructors, and promoters of livestock facilities, including, but not limited to, barns, stables, clubhouses, ponyride strings, fairs and arenas at which the activity is held;

6. “Livestock professional” means a person engaged for compensation in:

a. instructing a participant or renting to a participant livestock for the purpose of engaging in livestock activity, or

b. renting equipment or tack to a participant;

7. “Inherent risks of livestock activities” means those dangers or conditions which are an integral part of livestock activities, including but not limited to:

a. the propensity of livestock to behave in ways that may result in injury to persons on or around them,

b. the unpredictability of livestock's reaction to such things as sounds, sudden movement and unfamiliar objects, persons or other animals,

c. certain hazards such as surface and subsurface conditions unknown to the livestock activity sponsor,

d. collisions with other livestock or objects, and

e. the potential of tack to become dislodged or move in ways that may result in injury to persons on or around livestock activities; and

8. “Participant” means any person, whether amateur or professional, who engages in a livestock activity, whether or not a fee is paid to participate in the livestock activity.

CREDIT(S)

Laws 1999, c. 326, § 2, eff. Nov. 1, 1999; Laws 2009, c. 228, § 47, eff. Nov. 1, 2009.



§ 50.3. Scope of liability

A. Except as provided in subsection B of this section, a livestock activity sponsor, a participant or a livestock professional acting in good faith and pursuant to the standards of the livestock industry shall not be liable for injuries to any person engaged in livestock activities when such injuries result from the inherent risks of livestock activities.

B. 1. The provisions of the Oklahoma Livestock Activities Liability Limitation Act shall not apply to employees of the sponsor or livestock professional in the performance of their duties who are covered by or subject to the provisions of the workers' compensation laws of Title 85 of the Oklahoma Statutes.

2. Nothing in subsection A of this section shall prevent or limit the liability of a livestock activity sponsor, a participant or a livestock professional, if the livestock activity sponsor, a participant or livestock professional:

a. commits an act or omission that constitutes willful or wanton disregard for the safety of any person engaged in livestock activities, and that act or omission caused the injury,

b. intentionally injures a person engaged in livestock activities,

c. provided the equipment or tack, which was faulty, and such equipment or tack was faulty to the extent that it did cause the injury. The provisions of this subparagraph shall not apply to livestock activities sponsored by youth organizations when youth participants share equipment or tack between themselves,

d. provided the livestock and failed to make a reasonable effort to determine the ability of the participant to manage the particular livestock based upon the participant's representations of such participant's ability. Provided, however, a participant in a livestock show, livestock sale, or rodeo shall be presumed to be competent in the handling of livestock if an entry form is required for the activity and signed by the participant, or

e. owns, leases, rents or otherwise is in lawful possession and control of the land or facilities upon which the participant sustained injuries because of a dangerous condition which was known to the livestock activity sponsor, livestock professional or person and not made known to the participant.

3. Nothing in subsection A of this section shall prevent or limit the liability of a livestock activity sponsor, a participant or a livestock professional:

a. under liability provisions as set forth in the products liability laws, or

b. for livestock activities which result in the death of any person engaged in livestock activities from the inherent risks of livestock activities.

C. A sponsor shall not be held vicariously liable for the acts or omission of a participant or a livestock professional.

CREDIT(S)

Laws 1999, c. 326, § 3, eff. Nov. 1, 1999.



§ 50.4. Waiver of liability

Two or more persons may agree, in writing, to extend the waiver of liability pursuant to the provisions of the Oklahoma Livestock Activities Liability Limitation Act. Such waiver shall be valid and binding by its terms.

CREDIT(S)

Laws 1999, c. 326, § 4, eff. Nov. 1, 1999.
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post #24 of 41 Old 05-28-2013, 07:59 PM
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Luckily, New Mexico has a livestock liability law!

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post #25 of 41 Old 05-28-2013, 09:39 PM
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Quote:
Originally Posted by dbarabians View Post
The attorney that works for my families estate and the insurance agent I use both agree the young lady was at fault.
I am certain she is being coached by one or both of her parents.
Her grandmother here in Texas still has the baby. she has not yet made bail and cant for a while it appears.
Hopefully she will learn a lesson from this and get back to school next year.
Since she has failed to get a driving permit her grandmother has taken the Jeep back. It cost her 225$ to get it out of the impound.
What I find baffling is instead of coming to get this 6 month old baby the father and his mother are more concerned with bail money. Shalom
The baby is just another paycheque. That's the way it is up here; we call them "welfare moms." When they want more drug money, they get pregnant so they get an extra few bucks every month for baby care. The baby doesn't get the care, the parents get the drugs. I think people that can't support themselves shouldn't "be allowed" to have babies and if they can't figure out how contraceptives work, they should be snipped medically. End of social cycle; end of problem. I'd sooner pay for one medical procedure than a lifetime of various social support measures for a messed up baby/child/teen/adult. And if the welfare recipient doesn't like it, well too bad for them - I guess they should have listened to just ONE of the thousands of pieces of information being thrown at them.

Ach, my rant about what I see every week up here. Drives me bonkers.
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post #26 of 41 Old 05-28-2013, 10:34 PM
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How unfortunate, Db. You are kind and generous and she tried to take advantage of you. Good thing you are smart and know how to spot a sneaky manipulator! I'm just dumbfounded that you were nice enough to let her ride one of your horses, but she could just turn around and try to steal from you. She needs a good spanking!!!!
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post #27 of 41 Old 05-28-2013, 11:26 PM Thread Starter
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This young lady has not known much stability in her life. Both parents are addicts and spent years incarcerated for various crimes. she has 5 brothers and sisters all have been passed around from relative to relative in California.
After her grandmother brought her to Texas she got pregnant.
She is smart and very interested in horses. So one of the incentives for her to go to school and college was to be able to work with the horses here.
Now that is out of the question. She cannot step on my property ever again.
I am filing an order of trespass against her to ensure she stays away.
She has chosen the path she wants to follow and until I see her change directions and stay in school i will refuse contact with her. Shalom
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post #28 of 41 Old 05-28-2013, 11:58 PM
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Quote:
Originally Posted by Aggs View Post
Luckily, New Mexico has a livestock liability law!
The New Mexico law says:

"B. "equine activities" means: (1) equine shows, fairs, competitions, rodeos, gymkhanas, performances or parades that involve any or all breeds of equines and any of the equine disciplines;
(2) training or teaching activities;
(3) boarding equines;
(4) riding an equine belonging to another whether or not the owner has received some monetary consideration or other thing of equivalent value for the use of the equine or is permitting a prospective purchaser of the equine to ride, inspect or evaluate the equine;
(5) rides, shows, clinics, trips, hunts or other equine occasions of any type, however informal or impromptu, connected with any equine or nonequine group or club; and
(6) equine racing;"

Just looking at it, a lawyer or a court might decide that it only applies to riding or formal instruction. It doesn't specifically mention leading a horse while on the ground. It doesn't specifically mention being in a stall with one, or in a corral. When it comes to liability waivers, a lot of courts will look for a reason to ignore them.

Everyone: Please be careful about assuming an equine liability law will protect you. Maybe it will, or maybe it won't.

A lot of bar associations will arrange for you to talk to a licensed attorney who specializes in an area for a minimal fee. In Pima County AZ, it is $35 for 30 minutes. That might save you a lot more later on...

Riders ask "How?" Horsemen ask "Why?"
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post #29 of 41 Old 05-28-2013, 11:59 PM
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Originally Posted by dbarabians View Post
until I see her change directions and stay in school i will refuse contact with her. Shalom
You're too kind. This one has been sucking poison since she was a babe, now it's oozing out her pores.
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post #30 of 41 Old 05-29-2013, 12:01 AM
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Fairly straight forward.
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