MD Court of Appeals Affi rms Contibutory Negligence, continued from pg 12
upon a variety of individual factors. In some cases, individuals are categorized into diff erent rating classifi cations, all based on the historical experience of the losses of that group.” T ere also seems to be a persistent myth among some horse people that the presence of an equine limited liability law somehow means that business owners do not need to carry liability insurance in those states, which is equally untrue. As noted by Merryman in her analysis: “Another reason for equine limited liability statute popularity among horsemen is the misguided perception that equine statutes aff ord better protection than the common law. T ese statutes are modeled after the common law, so this belief is simply unfounded. A brief survey of Maryland law indicates that Maryland’s common law provides ample protection to the local horsemen. While all equine limited liability statutes
are designed to support the horse community by limiting liability from the inherent risks associated with horse activities, they are not intended to absolve defendants from all liability. Generally, mishaps that involve noninherent risks fall outside of the statute. For example, faulty tack or equipment, failing to supply an appropriate mount (also called negligent mismatch), intentional torts, and latent defects on the land, may allow the plaintiff to prevail.” Finally, in the Maryland Horse Council and
Merryman’s reviews of the states with equine limited liability laws, there is no evidence that more horse businesses have prevailed in court than would have otherwise, particularly not if those cases were heard in Maryland. Equine limited liability laws do not exempt a business owner from acting responsibly, and so if the business is found, through negligence, to have contributed to the situation, the business will still be held liable. In fact, in some situations,
the business owner may have been better off had there not been an equine limited liability law. What this means in other states is that the business owner may have to pay a judgment based on whatever percentage of responsibility for the incident was assigned to the owner by the judge or jury. However, in Maryland, business owners are not required to pay anything, even if they are partially liable for what happened, because of our standards. Myth #3: “It’s not about right or wrong; it’s all about money and lawyers getting rich.” T ere is actually some truth to this, but not in the way most horse business owners realize. It is not about lawyers getting rich; it is about insurance companies controlling and mitigating losses so that they can remain profi table for their shareholders and investors. And, if you have any retirement savings or mutual funds or other investment vehicles, chances are that you one of those shareholders. As you can see by Maryland case law, as
well as the opinion of the Maryland Court of Appeals, Maryland courts will not “assist a wrongdoer who suff ered an injury as a result of his own wrongdoing.” So, if a horse business owner is sued under such circumstances, and the business owner takes the case to court (instead of settling), our courts are going to look askance at the plaintiff , and with sympathy to the owner. However, if you as a horse business owner are
sued, no matter how wrong the plaintiff may be, chances are your insurance company is going to urge you—or even require you—to settle. T ey will probably not allow you your day in court to prove right vs. wrong. Going to court is a roll of the dice, no matter how strong the case. Insurance companies, by nature, are risk- averse. It’s a numbers game. T ey are generally not interested in investing in the cost of lawyers
and betting on the courts, as this makes for unforeseen costs. Insurance companies are in the business of maximizing the bottom line. T ey will go for the bird in the hand … they will work to settle, because with a settlement, the insurance company can control those costs and immediately know how it aff ects its profi t margin. For insurance companies, it is not a matter of right vs. wrong. It is a matter of hedging their bets and taking the surest, most immediate fi nancial solution. So, while the owner of the horse business is
struggling with right, wrong, and moral clarity, the insurance company is looking for the speediest way to make this go away. Most likely, if you own a horse business and
you are sued, your insurance company will insist on settling. It is also likely that, if you insist on going to court, your insurance company won’t back you, meaning that if you lose, you will have to pay out of your own pocket. If you were clearly not negligent, and that
can be documented, and you have a good attorney who understands Maryland’s standard of negligence, and you go to court to defend yourself, you will most likely win. But most business owners don’t want to take that chance, so they agree to let the insurance company settle the case for them. But this, of course, leaves the business owners feeling like they “lost” even though in reality there were no winners or losers but merely a settlement to avoid going to court to determine right vs. wrong. In the meantime, if you are in the horse business in Maryland, make sure you are adequately insured. T e insurance is available, and if you don’t like the fi rst answer, try a diff erent agent or agency until you fi nd an agent and a policy that are compatible with your business needs. To learn more about this issue, look for T e Equiery’s seminars during Horse World Expo.
COLUMBIA HORSE CENTER DRESSAGE
September 22 Judge: TBA
Opening date: Aug 26 Closing date: Sept 16
October 12
Judge: Betty Thorpe (r) Opening date: Sept 23
Closing date: Oct 14
Opening date: Oct 21 Closing date: Nov 11
November 17 Judge: TBA
10400 Gorman Rd Laurel, MD
www.columbiahorsecenter.com 301-776-5850
14 | THE EQUIERY | OCTOBER 2013
FALL 2013 SCHOOLING SERIES
SHOW
September 8 October 12
November 10 800-244-9580 |
www.equiery.com
HUNTER/ JUMPER
876570-130913
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