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    Re: [RC] Fw: [RC] Dress Codes (was So Long) - Truman Prevatt


    They don't cover negligence. For example if you give riding lessons and you supply the tack and schooling horses, and a billot strap breaks and when examined it is found that it was rotten and should have been replaced long before and someone falls off and gets injured, you would probably be held negligence and the equine limited libablity not apply.

    So if they went after a RM and/or the AERC it would probably go something like "...considering all the data showing that helmets provide protection against head injuries and given the inherent risk in endurance riding it was in fact negligent not to require ASTM approved equestrian helmets...." Don't know if it would fly or not, but I sure would hate be the one to find out.

    Truman



    Tamara Woodcock wrote:

    Doesn't the standard civil code clause cover this issue. Basically that an equine professional (ride manager) is not liable for accidebts due to the inherant danger of horses?

    -Tamara

    From: "Barbara McCrary" <bigcreekranch@xxxxxxxxxx>
    I just sent this to John, so I will re-send it to all. However, if you've
    read the post from George, the lawyer, about how the courts would decide
    regarding injuries to someone was not wearing a helmet, there is some
    serious consideration to be made. I know AERC and RMs don't want to tell
    others that they MUST wear helmets, but if the government and the courts
    persist in running our lives, then maybe we should either take heed or rebel
    violently against them running our lives. I personally am a great believer
    in every person being responsible for himself, but there are many people and
    many lawyers out there who believe that someone else is responsible if a
    rider is hurt on "your" ride. And that rider, or his family, can sue you
    senseless. It seems to have a lot to do with MONEY. When, oh when, did
    people stop taking responsibility for themselves? When did they start
    finding someone else to blame for accidents that were caused by a twist of
    fate? Or the person's own poor judgment?


    Barbara McCrary


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    Replies
    Re: [RC] Fw: [RC] Dress Codes (was So Long), Tamara Woodcock