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a) The court dismisses the lawsuit immediately after it is filed because the stable had the required sign posted. b) The court refuses to dismiss the lawsuit and finds


that the equine activity liability act does not protect the instructor because it failed to re-assess the woman’s safety as the lesson progressed and the other horse in the arena started misbehaving. c) The court dismisses the lawsuit, finding that the instructor had no duty to assess the woman’s ability to safely ride her own horse. d) The court refuses to dismiss the


lawsuit because it believes a jury must determine whether the instructor’s han- dling of the situation was reasonable.


A strong and experienced teenage rider has been taking lessons from the same instructor for several years. In ad- dition to her weekly riding lesson, she is allowed to take “free rides” on an assigned horse. These “free rides” do not involve a lesson and are generally unsupervised, although the riding instructor has a “safety rule” of not allowing minors to ride without adult supervision. The in- structor, however, has determined that this particular teen can ride certain horses competently and safely without supervision. For one such ride, the instructor assigns the teen to ride “Wilma,” a horse that she has ridden success- fully on several previous occasions. The teen rides Wilma, without any adult supervision. When she is done riding, she dismounts in the arena. As her feet make contact with the ground, she loses her balance and falls down. While the teen is lying on the ground, Wilma steps on her, causing the teen serious injury. The teen’s father sues the instructor. Assume the required signage was posted, and that the accident occurred in New Hampshire, a state with an equine activity liability act. The instructor asks the court to dismiss the lawsuit on the basis of the act. What is the outcome? a) The court refuses to dismiss the lawsuit because


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the fact that the instructor violated her own safety rule establishes that she was negligent and thus is afforded no immunity under the act. b) The court refuses to dismiss the lawsuit because the


teen was not mounted when the accident happened, and the law only applies to mounted equestrian activities. c) The court dismisses the lawsuit because the teen


was an experienced rider and the required sign was posted. d) The court dismisses the lawsuit because getting stepped on by a horse is an inherent risk of the sport and the lack of adult supervision had nothing to do with why the accident happened.


charity ride, the “Pink Poker Prance,” at a Maryland state park. Participants bring the mount of their choice and are required to both pay a $35 participa- tion fee to the feed store and sign a registration form that includes a liability waiver. Participants follow a marked route through the park, but do not pay any park entrance fee to access the grounds. One of the participants is a


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middle-aged woman with 48 years of riding experience who brings her own aged, gelding Quarter Horse to the event. She’s owned the horse for almost ten years. She pays the entry fee and signs the registration form. Dur- ing the ride, her horse backs into an overgrown culvert that runs along the edge of the marked trail. After the horse loses his footing down the edge of the culvert, the woman falls into the stream below and her horse lands on top of her. Both horse and rider suffer injuries from which they eventually recover. The woman files suit against the state of Maryland and the feed store in federal court. Be- cause the park was in Maryland, the law of that state ap- plies. Does the court dismiss the case? a) The court dismisses the case. The woman was rid-


ing her own horse and the horse losing its footing is one of the risks of “surface and subsurface conditions” that is considered inherent to the sport. b) The court refuses to dismiss the case and Maryland


doesn’t have an equine activity liability act. c) The court dismisses the case because the woman signed a release of liability.


☛ Turn page for answers Warmbloods Today 77


A Pennsylvania feed store organizes an annual breast cancer awareness


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