Exam S
OUTCOME: CATCH AS CATCH CAN
arah had no case as her lawsuit was dismissed. The trial court held that Sarah had assumed the
risk of being injured and was barred from recover- ing from the horse owner. Sarah appealed unsuc- cessfully. The court of appeals affirmed the trial court’s dismissal of Sarah’s claims. The appellate court rejected Sarah’s argument that the horse owner was strictly liable for her injuries based on a state law that imposes liability on the owners of animals allowed to run at large. The appellate court held that the statute “did not impose strict liability on the owner or keeper of an animal that runs at large and injures a plaintiff on private property owned by a third party.” The court explained the outcome might be different if the animal was trespassing on Sarah’s property at the time of the injury, but those were not the facts of the case at hand. Holding that the horse owner was not strictly liable to Sar- ah, the court found that there was “no impediment to the application of [the doctrine of] assumption of the risk” to bar her claim.
Equine Litigation Consulting Certified Equine Appraisals Expert Witness
The court also rejected Sarah’s argument that
the “rescue doctrine” applied. According to the “rescue doctrine,” a rescuer can recover from a per- son whose negligence causes an emergency and the rescuer acts “to protect others from imminent harm.” Sarah argued that the horses were “going back and forth across the roadway and several wit- nesses testified serious injury or death could result if a vehicle struck one of the horses.” Sarah further argued that “she was the person at the scene most qualified to restrain the horses and that the police were unable to do so.” The court disagreed. “The evidence before the court supports the
lower court’s determination that the rescue doc- trine is inapplicable as there was no impending or imminent danger to human life. The possibility of a motorist striking a horse is a real danger, but not imminent.
[The mare] was not on the roadway at Barn Safety
Any private or commercial barn must keep facilities safe for visitors, riders, trainers, staff, and animals. As an owner-operator, you must be a�entive to establishing and enforcing safety procedures for your barn facilities. Posting rules and regulations for public viewing and noting them in your boarding/service contracts is important if an issue arises. It is wise to have your a�orney review the materials before being presented.
David D. Johnson President & CEO
1-800-575-1669
www.NorthAmericanEquine.com 64 May/June 2016
the time of [Sarah’s] injury. The possibility of col- lision was merely a possibility, not a present dan- ger. There was no testimony that any vehicle had passed by or almost struck one of the horses. On the contrary, the likelihood of collision in the pres- ent case was lessened by the presence of officers and a crowd of people at the scene, which would indicate to any approaching motorist the need for caution. Ultimately, it was the officers’ duty, not [Sarah’s], to restrain the horses.” In reviewing the lower court’s application of the assumption of risk doctrine, the appellate court explained that “the relevant inquiry is to what de- gree did Sarah’s assumption of the risk proximately cause her injuries?” The appellate court found no error in the trial court’s finding that Sarah was “more than fifty-percent responsible for the inju- ries she sustained as she was certainly aware of the risk in rescuing the horse and proceeded in spite of those risks.”
About the author: Krysia Carmel Nelson is an at- torney from Virginia who is a nationally-recognized expert in equine law. Attorney Nelson represents horse owners, train- ers, riders, breeders, equestrian facilities, farms, clubs and associa-
tions across all nationally and internationally recognized disciplines. As a lifelong equestrian, she currently rides and competes her Hanoverian Affirmed on Appeal in the amateur hunters. She can be reached at
eqlaw@aol.com.
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© The Book LLC 2011
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