Re: Posse Rulin (this raise some hackles)

[Sue Brown <sbrown@wamedes.com>]

>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
>

I think the point was that the "non-professional participants" should not
have been allowed to be near enough to the horse that the horse would fall
on them should he have a heart attack and fall over!  Would be pretty tough
to convince the owners of the winning horse that they couldn't stand in the
vicinity of *their* horse to have their picture taken with him in the
Winner's Circle...just in case he should keel over and kill them by landing
on them while they were on track property!  We are, unfortunately, in a
very litigious society and it's only going to get worse by monetarily
rewarding victims of Acts of God by assigning blame for these to some deep
"earthly" pockets.  

Tom...is there a way that the track could possibly have been negligent in
this circumstance??

Sue

sbrown@wamedes.com
Tyee Farm
Marysville, Wa.