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injured while horseback riding

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R

rfxst

Guest
What is the name of your state? I was injured 4 weeks ago while horseback riding at a riding stable. i had a lot of trouble with the saddle during the whole ride .. it wouldn't stay straight on the horse's back and therefore i constantly was trying to shift my weight during the ride. On the last run we were making the saddle actualy spun to the horse's side and therefore I had no sturips for my feet or the horn to hang on to. The saddle position spooked the horse and he took off running out of control and I fell off breaking two ribs and my shoulder blade. When the horse spooked and took off the wrangler did not attempt to catch him and try to stop him. I don't think the saddle was lose I think it just did not fit the horse. I signed many realease forms before the ride just as you do at all riding stables. I'm not one to look to sue bu the pain I have been going through is severe. Would the release forms negate any liability on the stables part ???? thanks !
 


R

ResIpsaLoquitur

Guest
Horseback accident

Most states have some variation of laws that acknowledge equine activities as inherently dangerous and provide protection to horse-businesses as long as the risks are clearly posted. And those waivers you signed probably said that you were responsible if the horse took your credit cards to Vegas. Waivers can say anything the writer wants to include.

I believe, however, that in your case, you may have recourse. It doesn't matter whether the girth was loose or the saddle didn't fit the horse: either would, I believe, be construed as gross negligence by the business operator (or his/her employees) and in most instances you can't be asked to waive your right to injury caused by gross negligence. (I'm speaking here not only from a legal standpoint, but also as a lifelong horse owner: last year a boarding barn asked me to sign a boarding agreement that actually stipulated that they were not responsible if my horses died due to their gross negligence or that of their employees. I refused; they ran it by their attorney and the clause was removed.)

Anyway. It will be helpful if, before the actual disaster, you told the guide or wrangler that the saddle was slipping. The best attorney to contact about this would be one specializing in equine law, but if you can't locate one, consult with a reputable personal injury attorney.

Best of luck. :)
 

Ladynred

Senior Member
Apparently neither of you knows much about fitting saddles or riding. You signed the release forms that would hold the stable harmless if you got hurt. I haven't been to a single stable in my life that did NOT have a sign posted "Ride at your own risk" and I"ve been riding for 35 years. I grew up in NY, rode in MANY stables there, so I'm pretty familiar with the usual procedure.

When a horse is first saddled, they tighten the girth so that its tight but not pinching or hurting the horse. Many horses will puff up a bit when being saddled, they've learned that as soon as they let go, the girth gets looser. Even if they don't deliberately puff up, once you start to ride a girth will inevitably get a bit looser, but rarely enough for the saddle to slip.

Why didn't you inform the wrangler that your saddle was loose ?? You obviously knew it wasn't right so why didn't you DO something about it ?? Clearly you are an inexperienced rider or you would NEVER have taken off at a canter or gallop with a loose saddle !!! I see it as your responsibilty to tell the guide or wrangler that your saddle needed to be readjusted and you didn't do it.. and now you want THEM to pay for your irresponsibility ?

I don't think there's any gross negiligence here.. just inexperience and a lack of personal repsonsibility.
 

BelizeBreeze

Senior Member
there are two conditions that taken either separately or together, still requires a sharing of the liability for you in this case.

1. A stable hand put the saddle on and adjusted it.
In this case, the moment you noticed the saddle did not fit, it was your responsibility to notify stable personnel of the problem so they could correct it. You did not, continued to ride, therefor accepting responsibility for the actions that may occur.

2. you put the saddle on and adjusted it.
It became your responsibility entirely to perform at a level that would mitigate damages should an accident occur. You did not. If you were not qualified to place the saddle and insure it was secure, it became your responsibility to inform stable personnel.

From your explanation here, there is not enough information to determin under which scenario you would fall. However, you cannot delegate responsibility simply because an accident occurred. And from a cursory examination of the events, gross negligence did not occur.
 

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