RC: Posse Rulin (this raise some hackles)

["guest@endurance.net" <guest@endurance.net>]

Barb Peck bpeck@together.net
Barb Peck
bpeck@together.net

Tom:

 The horse having a heart-attack, falling on and
and killing the owners wife sounds like "an act of God" 
not negligence/inexperience or a lack of following
the law. 
 
I think negilgence is the core of what's being discussed and
argued about in the Posse Ride's finish line accident
and subsequent ruling by the AERC, along with the
interpretation of the language
of the Montana Equine Limited liability law.

Barb


<< But,
 Holding Ride Management Responsible for an accident
 at a finish line is a little like arresting the bar-
 tender, when a person under the infulence has an accident. >>


A few years back I was an expert witness in a case where a horse in the 
winner's circle had a heart attack and fell over on the owner's wife, killing 
her. Who was found at fault? The racetrack.  They owned the facility. The 
owner and wife were non-professional participants. It was the facility's 
responsibility to ensure that "innocents" don't find themselves in dangerous 
circumstances without adequate warning or safeguards. 

ti