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Hi Ridecampers,
I was so busy giggling over Angie's "Parked Out"
answer to Lisa's question that I missed Lif's question to me about Helmets and
possible legal issues for AERC if their use is required.
Please realize that each state has control over its
own civil liability cases. In Utah, we have very few suits and much
smaller verdicts than those of you living on the East or West Coasts. I am
not able to address the individual state case law but have referred you to a
website where you can start your own evaluation of liability in your home
state.
As for AERC, I share Lif's concern about opening a
can of worms on safety equipment. There is very little data that I have
come across that actually addresses the total helmet issue. Sure the
helmet will help if you land on your head but I ride in country where you are
just as likely to catch the helmet or its safety strap on the pine boughs and
hang yourself with your helmet.
Should AERC require that we all use
helmets? Breast collars? How about cruppers? For some of
you, a tie-down is a good safety precaution, but in our thick pines and cedars,
a tie-down is an accident waiting to happen. AERC is not in a position to
evaluate equipment or the conditions under which it is used. In my
opinion, AERC creates a greater risk of liability for itself if it
"legislates" safety rules without a full investigation than if it remains silent
and allows each member to reach his/her own personal conclusion.
Most negligence law is based on the concept that a
Duty was owed to the injured party by the party being sued. If AERC
requires a particular piece of safety equipment, then it has the Duty to
make sure that the equipment will help and not hurt the rider. If AERC
remains silent and leaves equipment up to the rider, then AERC has not created a
Duty for itself. This is particularly true when the participants have
signed releases and most states have Equine Liability Statutes that waive
liability. If you read those statutes, however, you will notice that if
you hold yourself out as an expert, then you have a higher duty and will be
responsible for your actions. For example, in Utah's statute all liability is
waived unless you start selecting tack or horses for the rider and the rider
gets hurt because of your selections. I have quoted a section of our
statute. I think you will be able to see the problem AERC faces if it
mandates helmets under our statute and then an accident occurs that was caused
by the helmet:
(1) An equine activity sponsor or equine professional is not liable for an
injury to or the death of a participant engaged in an equine activity, unless
the sponsor or professional:
(a) (i) provided the equipment or tack; and
(ii) the equipment or tack caused the injury;
The following website gives you some very interesting and current case law
that will answer a lot of your questions. It also contains a hypertext to
all 44 state statutes.
http://www.law.utexas.edu/dawson/cases/laws/laws.htm
I would encourage you to read your state statute and
the statutes of the states in which you ride and then make your own decision on
what AERC should do.
Bye for now,
Joane Pappas White, Esq.
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