RE: RE: Finish Lines

["Bob Morris" <bobmorris@rmci.net>]

I am very sorry that the people on this list are hashing over something they
have limited information about. The majority have heard only one side of the
question and have done no research to bolster their opinions.

The incidence of finish line problems is not as limited as most people would
think. The fact that management has some responsibility is bolstered by
legal statutes that both place responsibility and at the same time offer
protection to ride management. I am referring the what most states call
Equine Limited Liability laws.

A few quotes from the ones in place in Montana where the subject incident
occurred:
____________________________________________________________________________
___________
The purpose of 27-1-725 through 27-1-727 is to assist courts and juries in
defining the circumstances under which persons responsible for equines may
be found liable for damages to persons harmed in the course of equine
activities. It is the policy of the state of Montana that a person is not
liable for damages sustained by another solely as a result of risks inherent
in equine activities if those risks are or should be reasonably obvious,
expected, or necessary to persons engaged in equine activities. It is the
policy of the state of Montana that an equine activity sponsor or equine
professional who is negligent and causes foreseeable injury to a participant
bears responsibility for that injury in accordance with other applicable
law.

<<<That means the Ride Manager holds a responsibility to the competitors
(and public) to provide a safe environment for the competition with in the
scope of this document. In fact, the AERC Ride Managers Handbook (revised
February, 1999) has a section (pg 15) concerning the safety of the finish
line.>>>

"Equine activity sponsor" means an individual, group, club, partnership,
corporation, or other entity, whether operating for profit or nonprofit,
that sponsors, organizes, or provides the facilities for an equine activity.
The phrase includes but is not limited to pony clubs; 4-H clubs; hunt clubs;
riding clubs; riding classes and programs; therapeutic riding programs;
operators, instructors, and promoters of equine facilities; stables;
clubhouses; pony ride strings; farms; ranches; and arenas.

<<<This obviously includes Ride Managers.>>>

"Risks inherent in equine activities" means dangers or conditions that are
an integral part of equine activities, including but not limited to:
(a) the propensity of an equine to behave in ways that may result in injury
or harm to or the death of persons on or around the equine;
(b) the unpredictability of an equine's reaction to such things as
medication; sounds; sudden movement; and unfamiliar objects, persons, or
other animals;
(c) hazards, such as surface and subsurface ground conditions;
(d) collisions with other equines or objects; or
(e) the potential of another participant to not maintain control over the
equine or to not act within the person's ability.

<<<This obviously indicates that Equine competition holds risks of major
proportions that competitors must, through their association with equines,
be aware of.>>>

1) Except as provided in subsections (2) and (3), an equine activity sponsor
or an equine professional is not liable for an injury to or the death of a
participant engaged in an equine activity resulting from risks inherent in
equine activities.
(2) An equine participant shall act in a safe and responsible manner at all
times to avoid injury to the participant and others and to be aware of risks
inherent in equine activities.
(3) Subsection (1) does not apply:
(a) if the equine activity sponsor or the equine professional:
(i) provided the equipment or tack and the equipment or tack caused the
injury because the equine activity sponsor or equine professional failed to
reasonably and prudently inspect or maintain the equipment;
(ii) provided the equine and failed to make reasonable and prudent efforts
to determine the ability of the participant to safely engage in the equine
activity and the participant's ability to safely manage the particular
equine based on the participant's representations as to the participant's
ability;
(iii) owned, leased, rented, or otherwise was in lawful possession and
control of the land or facilities upon which the participant sustained
injuries caused by a dangerous latent condition that was known or should
have been known to the equine activity sponsor or the equine professional;
(iv) committed an act or omission that constituted willful or wanton
disregard for the safety of the participant and the act or omission caused
the injury

<<<From this you can see that the State of Montana holds the Ride Manager to
some very implicit responsibility. In particular the fact that the dangerous
latent condition of the finish was well known from an incident from the
previous year. This knowledge, held by the Ride Managers, did in fact,
create an act or omission that constituted willful or wanton disregard for
the safety of the participant.>>>
----------------------------------------------------------------------------
--------
This is not to say the participants did notbear some responsibility, but the
management of the ride carries the preponderance of the responsibility
through the act of controlling the property and through charging an entry
fee to participate.

After all it was an endurance ride and the winner is not that person decided
by choice between the participants but, as defined in V 1.4 The winner of
the ride is the equine and rider who successfully completes the ride in the
fastest time. This means it is a race and management must at all times
expect competitors to race for the finish. To do less is negligent!

Bob Morris
-----Original Message-----
From: Charles M. & Kathy Copeland [mailto:drmike@thegrid.net]
Sent: Monday, April 10, 2000 7:16 AM
To: Ridecamp@Endurance. Net; guest@endurance.net
Subject: RC: RE: Finish Lines


The Super Bowl and the Kentucky Derby are held on private grounds not public
grounds like most endurance rides.  The riders must therefore always have
the fact of public ignorance at the top of there list of things to consider
when doing an endurance ride.  It seems that ride management in this case
had done an outstanding job in trying to keep the finish line as safe as
possible.  Poor judgement on the part of these riders can in no way be
blamed on the ride management.
Kath


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