Exam 1


b) 46


a) New York, Maryland, California and Alaska b) Maryland and California c) Alaska and Delaware d) Alaska, Delaware, Ar- kansas, Nevada, Maryland and Maine


2


professionals don’t need to carry insurance be- cause the law provides them absolute immunity.


3 4


tells the stable operator that she has no prior rid- ing experience. The stable operator mounts the woman on his most docile horse, “Blue,” one that he typically assigns to small children. The stable provides the woman very little instruction and the guide tells her “just sit back and enjoy the ride, old Blue knows what he’s doing.” About 20 minutes into the ride, Blue tries to pass the trail guide’s horse. The woman tells the guide that she feels out of control. The guide reassures her that “old Blue knows what he’s doing and he’s not going anywhere.” A few minutes later, the guide’s horse, tired of Blue running up his tail, kicks Blue and causes him to rear. The woman falls off backwards, sustaining a head injury, fractured ribs and verte- bra, and a punctured lung. We’ll assume the stable


5 76 January/February 2019


A guest at a Wisconsin resort signs up for a group trail ride. She is in her mid-sixties and


True or False: All the laws require the posting of warning signs. No sign, no immunity.


True or False: If a state has an equine activity liability act, then equine activity sponsors and


What states have no such law?


Test your knowledge of equine law. by Attorney Krysia Nelson


How Well do States Honor their Equine Activity Liability Acts?


How many states have some form of law that limits the liability of an equine activity sponsor


or professional for accidents resulting from the in- herent risks of the sport? a) 48


c) 44 d) 20


had posted the requisite signage. The woman sues the stable and the stable claims immunity under Wisconsin’s equine activity liability act. What is the outcome? a) The court refuses to dismiss the lawsuit and


finds that the equine activity liability act does not protect the stable because it was not reasonable to assume the woman could safely participate in the trail ride.


b) The court dismisses


the lawsuit and finds that the equine activity liability act does protect the stable because the stable asked the woman about her experi-


ence level and mounted her on an appropriate ani- mal. The court finds that the law does not impose on the stable a duty to continuously re-assess the woman’s ability throughout the duration of the ride. c) The court refuses to dismiss the lawsuit and


finds that the equine activity liability act does not protect the stable because it failed to re-assess the woman’s safety as the ride progressed. d) The court dismisses the lawsuit immediately


after it is filed because the stable had the required sign posted and the woman signed a release of liability.


A Wisconsin woman is injured during a rid- ing lesson on her own horse, when another horse in the arena gets loose and collides with her horse. The woman concedes that her claim falls within the general scope of immunity conferred by the statute, but argues that her instructor is not entitled to immunity because the instructor failed to reasonably assess her ability to safely engage in the equine activity (participate in the lesson when the other horse was also in the arena). We’ll assume the required signage was posted in the arena. What is the outcome?


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