Exam 1


You Be the Judge


A horse owner took her nine-year-old son to the barn with her. It was the mother’s prac-


tice to bring her minor sons to the barn where she boarded her horse, allowing them to “play” by a pond on the property where they would enter- tain themselves by looking for toads, snakes and turtles while she rode and cared for her horse. The sons did not ride, although they would oc- casionally be given hand-led “pony rides” on their mother’s horse. On one occasion when the woman brought her son with her to the barn, he came into the barn looking for her to inquire when they would be leaving. As he passed the stall of the horse stabled next to his mother’s horse, the neighboring horse lunged at the boy and bit him on the arm. The bite caused significant injury and scarring, requir- ing multiple surgeries. The son and his mother filed suit against the horse farm and its owner. What happened at trial court? a) The court found the horse owner liable for the child’s injuries.


b) The court found the horse farm liable for the child’s injuries, because the horse was boarded.


c) The court dismissed the lawsuit on the basis of the state’s equine activity liability act.


d) The court ordered a jury trial on the question of liability.


2


A child was injured while participating in a polo demonstration at a “horse expo” fair. He


suffered a torn patellar tendon and broken tibia, necessitating surgery. He and his mother there- after initiated a lawsuit, arguing that the waiver of liability signed by the mother was void and unenforceable. What happened at trial court? a) The court dismissed the lawsuit on the grounds that the document signed by the mother was valid and enforceable.


b) The court found the document by the mother to be completely void and unenforceable, and allowed the case to go to a jury.


c) The court dismissed the mother’s claims but ruled 58 May/June 2017


that the document signed by the mother had no legal effect on the child’s claims.


3


A summer camp counselor was a “strong rider” whose supervisor had assigned him to ride a


horse known as “Greg” on a staff trail ride before the start of the camp session. The object of the staff trail ride was to test the suitability of the hors- es the camp had leased for the season. “Greg” had previously been leased by the camp and served as a successful camp mount. While on the staff ride, Greg leapt, rather than


stepped, over a small stream. The counselor fell off and Greg landed on top of him. He sued Greg’s owner alleging negligence and willful and wanton disregard for the safety of persons riding Greg. Greg’s owner asked the court to dismiss the lawsuit based on the immunity provided by Geor- gia’s Equine Activities Act. What happened at trial court? a) The court dismissed the lawsuit on the basis of Georgia’s Equine Activities Act.


b) The court dismissed the lawsuit on the basis that the counselor was legally limited to filing a workers’ comp claim against the camp (his employer).


c) They let the case go to a jury to decide whether Greg’s owner was liable for the counselor’s injuries.


A woman sued the United States in Utah feder- al court after seriously injuring her hand while loading her horse into a trailer pursuant to a man- datory evacuation order necessitated by a wild fire that started as a result of live-fire exercises being conducted by the Utah Army National Guard. The government admitted that the exercises should not have occurred due to the hot, dry and windy weather conditions. What happened at the federal trial court? a) The court dismissed the woman’s claims as ridiculous.


4


b) The court dismissed the claim because the government admitted its mistake and apologized. c) They let the case go to trial.


☛ Turn the page for the rulings


Test your knowledge of equine law. by Attorney Krysia Nelson


Bar


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