The Chronicle of the Horse
MagazineNewsHorse SportsHorse CareCOTH StoreVoicesThe Chronicle UntackedDirectoriesMarketplaceDates & Results
 
Page 1 of 19 12311 ... LastLast
Results 1 to 20 of 373
  1. #1
    Join Date
    Apr. 26, 2003
    Posts
    314

    Default Who is responsible for accident?

    Howdy. A friend of mind got run over by a horse at a horse show. In this state we have the statutes. Which say that in competition a spectator is not protected. But she got hurt and would like to recover some of the surgury costs. Is there any other way to file a claim? I figured someone here would know. The riders horse was spooked and mowed her down. She is not a horseperson. Thanks for your thoughts.
    marty



  2. #2
    Join Date
    Feb. 6, 2003
    Location
    NorthEast
    Posts
    24,841

    Default

    Does she have health insurance? If so, then her insurance company will be the ones to research if there's anyone to sue to cover their expenses.

    Other than that I'd imagine it would be about the statute that all equine activities are recognized as potential hazards and those attending events knowingly take the risk of a 1000# animal possibly/probably spooking and running amok...rendering any future claims against that happening moot.

    But then I'm not an attorney.

    Usually I prefer to not see a lawsuit brought on in cases similar to this unless actual gross negligence happened instead of the "horse acting like a horse and person unfortunately was in the wrong place at the wrong time." Otherwise would mean insurance and liability for these events becoming just too expensive and seeing a major decline in venues willing or able to hold shows anymore.
    You jump in the saddle,
    Hold onto the bridle!
    Jump in the line!
    ...Belefonte



  3. #3
    Join Date
    Dec. 28, 2009
    Location
    VA
    Posts
    2,145

    Default

    She should talk to an attorney that specializes in personal injury law in her state.



  4. #4
    Join Date
    Jun. 22, 2008
    Location
    Outside Ocala FL - Horse Capital of the World
    Posts
    6,193

    Default

    Quote Originally Posted by MistyBlue View Post
    Other than that I'd imagine it would be about the statute that all equine activities are recognized as potential hazards and those attending events knowingly take the risk of a 1000# animal possibly/probably spooking and running amok...rendering any future claims against that happening moot.

    But then I'm not an attorney.
    I wonder if the statutes (I know they differ from state to state in wording) require the show grounds to post signs like the boarding and lesson barns do?
    There are friends and faces that may be forgotten, but there are horses that never will be. - Andy Adams



  5. #5
    Join Date
    Oct. 27, 2010
    Location
    Nevada
    Posts
    2,561

    Default

    Quote Originally Posted by MunchkinsMom View Post
    I wonder if the statutes (I know they differ from state to state in wording) require the show grounds to post signs like the boarding and lesson barns do?

    Varies from state to state. When I left Oregon the law was in effect whether you had signs posted or not. And in some states the law doesn't prevent suits but limits the liability amount.
    Colored Cowhorse Ranch
    www.coloredcowhorseranch.com
    Northern NV



  6. #6
    Join Date
    Jul. 26, 2007
    Posts
    973

    Default Accident

    It was an accident. No one is "responsible."

    I am genuinely sorry your friend was injured. In terms of filing a claim, do you mean she wants to file a claim with her own health insurance company for them to pay the medical bills, in which case she just should call her insurance representative or have her employer do it. Or do you mean she wants to sue someone? There is a risk of getting hurt every time you leave the house (or even not). If we don't want to take the risk of getting hurt, we can hide out wrapped in bubble wrap.

    I agree with the previous post that if people start suing or asking insurance companies to sue someone else's insurance company, there will be fewer and fewer events, and more anti-horse sentiment, and none of us will be able to afford insurance for our horses and havng a horse will invalidate our home insurance, etc.

    Again, I am sorry she was hurt, but I can't say I'm sympathetic to someone suing under those conditions.



  7. #7
    Join Date
    Nov. 22, 2003
    Location
    Southern Maryland
    Posts
    1,267

    Default

    Honestly, it irks me that she attends a HORSE show gets hurt and now wants to recover $$. It's people like that drive insurance costs through the roof and one by one shows disappear.

    Nobody likes to get hurt or to have to pay $$ to get better, but it's really part of the game of life.
    Experience is what you get, when you didn't get what you wanted.



  8. #8
    Join Date
    Jan. 14, 2003
    Location
    Massachusetts
    Posts
    6,449

    Default

    Quote Originally Posted by blaster View Post
    Honestly, it irks me that she attends a HORSE show gets hurt and now wants to recover $$. It's people like that drive insurance costs through the roof and one by one shows disappear.

    Nobody likes to get hurt or to have to pay $$ to get better, but it's really part of the game of life.
    I agree with the above.

    Unless the person in charge of the horse did something that was grossly negligent - as in so negligent that it was recognized by other horse people at the time of the event as being grossly negligent - not negligent as determined by a personal injury attorney threatening to drag anyone with perceived deep pockets into court.

    I'm assuming that is not the case here as that would have been included in the details of the original post?



  9. #9
    Join Date
    Nov. 9, 2005
    Location
    uk
    Posts
    15,296

    Default

    actually here horse shows be on a field or on show grounds centre should have insurance
    as public event - see what the rules are on the show ground and see if they are in in sured for public liablilty

    and then her induarnce company can claim from them



  10. #10
    Join Date
    Mar. 14, 2006
    Posts
    811

    Default

    Its this person's attitude that is going to cause all sporting events to be unaffordable or extinct. An accident is an accident and as someone said, "stay home". Never get in a car, never cross a street, never go to a sporting event, social event or concert. Never eat food or drink anything either. People have become way too sue happy. Tell her to contact her own insurance company.
    I don't want to sound heartless and mean spirited but the world has gone a little too much towards someone owes me something. Life is not fair and in fact it out and out sucks sometimes but to find someone to pay you for misfortune is also not the right thing to be doing.



  11. #11
    Join Date
    Feb. 11, 2009
    Posts
    388

    Default

    It depends on the laws in your state. Many states, especially where agriculture is important, have laws that people who voluntarily participate in farm (=horse) related activities assume all risk.
    Was there negligence involved? Did someone intentionally spook the horse, or was it acting crazy all day? In that case maybe you have a case.



  12. #12
    Join Date
    Apr. 26, 2003
    Posts
    314

    Default

    She would like to sue the rider. Her costs are almost $100,000 and she had not health insurance. Will check to see if all the signs were posted. If not, they should be able to go after the showgrounds. Thanks everyone we are brainstorming.
    marty



  13. #13
    Join Date
    Sep. 20, 2005
    Posts
    3,504

    Default

    Quote Originally Posted by blubays View Post
    She would like to sue the rider. Her costs are almost $100,000 and she had not health insurance. Will check to see if all the signs were posted. If not, they should be able to go after the showgrounds. Thanks everyone we are brainstorming.
    She wants to sue the rider for an accident? That's cute.

    You and your friend are everything that is wrong with this country. Well, almost everything...
    "Are you yawning? You don't ride well enough to yawn. I can yawn, because I ride better than you. Meredith Michael Beerbaum can yawn. But you? Not so much..."
    -George Morris



  14. #14
    Join Date
    Apr. 26, 2003
    Posts
    314

    Default

    She was standing by her car when the horse hit her. The rider had lost control. So, some of you are saying that innocents have no rights? A non horse person came to watch her grand daughter. It was a speed type of event ( cannot share which one) where some horses come out of the ring at high speeds. The rider had lost control and like many shows, there was not a fence keeping the horses from the people. The paper said the horse was untrained.
    marty



  15. #15
    Join Date
    Nov. 14, 2009
    Posts
    109

    Default

    Quote Originally Posted by blaster View Post
    Honestly, it irks me that she attends a HORSE show gets hurt and now wants to recover $$. It's people like that drive insurance costs through the roof and one by one shows disappear.

    Nobody likes to get hurt or to have to pay $$ to get better, but it's really part of the game of life.
    I agree I cannot believe someone voluntarily goes to a horse show and then tries to sue someone cause they got hurt. I think this is sad and disgusting. People like this will ruin the sport and make it impossible for most to have horses and show!



  16. #16
    Join Date
    Apr. 26, 2003
    Posts
    314

    Default

    Why are you being so nasty? There is no reason for that. We are looking at the reality that this woman will need to go through several more surgeries. How would you feel if this was you or your friend? We are looking at the options. This is not about suing for $$$$ This is about a woman who no longer has a normal life as a rider crashed his horse into her. Now, how can you say those things?
    marty



  17. #17
    Join Date
    Nov. 14, 2009
    Posts
    109

    Default

    Quote Originally Posted by blubays View Post
    She was standing by her car when the horse hit her. The rider had lost control. So, some of you are saying that innocents have no rights? A non horse person came to watch her grand daughter. It was a speed type of event ( cannot share which one) where some horses come out of the ring at high speeds. The rider had lost control and like many shows, there was not a fence keeping the horses from the people. The paper said the horse was untrained.
    So why would she be standing anywhere near the ingate if horses were exiting at such high rates of speed. Sounds like commons sence to me not to stand there. This is disturbing to me that you think this person has a right to sue.



  18. #18
    Join Date
    Sep. 20, 2005
    Posts
    3,504

    Default

    Quote Originally Posted by blubays View Post
    Sat night. Why are you being so nasty? There is no reason for that. We are looking at the reality that this woman will need to go through several more surgeries. How would you feel if this was you or your friend? We are looking at the options. This is not about suing for $$$$ This is about a woman who no longer has a normal life as a rider crashed his horse into her. Now, how can you say those things?
    Because accidents aren't anyone's fault. Horses are very large, very unpredictable animals. If you choose to be around said large and unpredictable animals, you are tacitly accepting that something bad might happen.

    If your friend can't accept this, she has no place at any sort of sporting event.

    It sucks, but that's reality. And I stand by my earlier words. Suing somebody over an accident smacks of money grubbing.
    "Are you yawning? You don't ride well enough to yawn. I can yawn, because I ride better than you. Meredith Michael Beerbaum can yawn. But you? Not so much..."
    -George Morris



  19. #19
    Join Date
    Apr. 26, 2003
    Posts
    314

    Default

    She was standing next to her car. Please read the comments.
    marty



  20. #20
    Join Date
    Apr. 26, 2003
    Posts
    314

    Default

    Money grabbing? Are you kidding? So it is Ok if your horse cripples somebody because you have no control?
    marty



Similar Threads

  1. Am I responsible for this?
    By Hpilot in forum Off Course
    Replies: 28
    Last Post: Jul. 29, 2011, 08:51 AM
  2. Why cant people be responsible???? WTD
    By Buglet in forum Off Course
    Replies: 21
    Last Post: Jan. 13, 2011, 02:06 PM
  3. PSA Your animals might not be responsible
    By Robin@DHH in forum Off Topic
    Replies: 13
    Last Post: Dec. 26, 2009, 01:52 PM
  4. Can I hold them responsible?
    By dacasodivine in forum Off Course
    Replies: 16
    Last Post: Dec. 8, 2009, 09:40 PM
  5. RESCUES PLEASE BE RESPONSIBLE
    By soduswoods in forum Off Course
    Replies: 311
    Last Post: Sep. 24, 2009, 02:03 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •