Ridecamp: Re: [RC] Helmets and The Law

At 09:22 AM 6/15/02, Ridecamp Guest (Lois) wrote:
>  If a person is injured who is not wearing a helmet,  a good attorney 
> would file a suit against AERC, each and every member of the Board 
> (because each and every member voted NOT to require safety equipment), 
> all of the sponsors of the AERC, the ride manager and all associated 
> sponsors and landowners connected with the ride(including the USFS) 
> ...  and the scary part is that the injured party would most likely win 
> the case,

Is this a legal fact or simply one individual's opinion?  What are our 
waivers for?  Why should it be AERC's responsibility to see that an 
individual uses safety equipment, and why encourage AERC to incur that 
responsibility and potential liability when it's not necessary?  Once one 
little safety rule is introduced there's an opening for suit because other 
safety rules *weren't* put in place.  If helmets are required, then why not 
the foot guards?  Why not vests?  Why not muzzles on horses so they can't 
bite, and hobbles so they can't kick?  Mandatory electrolytes for 
riders?  Prescribed riding clothing - heaven forbid anyone should get a 
sunburn.  Steel toes on riding boots.  Glasses to block harmful radiation 
to the eyes.  Where does it end?

In NM I'm not sure you even could sue for injuries sustained while 
participating in an endurance ride anyway.  We've got a good law in this 
state (and it exists elsewhere, but of course not in CA) that says 
basically if you voluntarily involve yourself with horses, you take 
responsibility for what happens.  It's reasonable, it's enforceable, and it 
puts the responsibility right where it should be - on the 
participant.  [Note:  The standardized wording of this NM law must be 
posted at the ride - it can and probably should be put in every rider packet]

Lif Strand
Quemado NM  USA
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