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Re: Recognizing Ridecampers and Equine Laws



And how about the stupid person who rides or leads his horse too close to
another.  My horses are all nice guys, but sometimes one horse is mad at another
and will kick out and get me instead.  I assume ALL horses will kick and give
them all good clearance.  Perhaps we need to educate the handlers and riders
even more than the horses...after all, THEY are the dumb animals - supposedly.

Teddy


Joane Pappas White wrote:

> Steph,
>
> In order to facilitate identification of Ridecamp people, have you
> considered selling a decal or logo of some kind that we could buy from
> Endurance Net for our horse trailers or trucks or whatever?  The "@" on the
> ride number is a good idea but it would be particularly helpful if we could
> identifiy Ridecampers at ridecamp where we could visit, even if our horses
> were gaited differently.
>
> Also, Bob Morris's suggestion that you review Equine Laws in your state is
> very important but any personal injury lawyer will tell you that neither
> "Assumption of the Risk" type legislation or Waivers are any protection for
> negligence.  The theory behind such waivers is that you assume the risks for
> the reasonably foreseeable actions of the animals and the types of
> "accidents" associated with the sport.  The theory does not waive the risk
> created by irresponsible owners or ride managers. The kind of "kicking
> episodes" you are describing are not accidents, they are injuries waiting
> for victims!
>
> I don't think you could create a Waiver for negligent behavior that would
> stand up in a court of law--it would be contrary to public policy and common
> sense. The finest lawyers in the world have tried and most have failed
> because society will not shift the risk from a negligent tortfeasor to an
> innocent victim.
> Ramey's article in EN is a good example. A person injured by a horse that is
> generally well-behaved and suddenly kicks because of extreme circumstances
> would probably lose in a court, but the person injured by a "horse with a
> significant history" is very likely to win a major verdict not only against
> the horse's owner but also against ride management if the horse's history
> was known to management.  We assume the risk that horses will act like
> horses;  we do not assume the risk that riders will act like idiots!
>
> Joane
> (whose staff thinks that she has quit practicing law and permanently joined
> her horses in greener pastures).





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