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Injured on a horse

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H

heathermckean

Junior Member
What is the name of your state?

California


In September of 2003, I was badly injured when I was riding a horse for an aquaintance. I managed a large boarding facility and one of my boarders was an 18 yr. old girl who couldn't get out very often to see her horse. She asked me if I could ride him to give him some excercise and she would pay me. She neglected to mention that this horse was dangerous.

Within 10 minutes of me getting on the horse, he went crazy. I have been riding horses for 20 years and can handle most anything. But this horse had no regard even for his own safety and tosses me off. Consequently, I had to be life-flighted out of the ranch and spent 5 days in the hospital. I shattered my wrist, had brain swelling, and lacerations covering my body.

They did reconstructive surgery on my wrist and I was so badly banged up that I couldn't return to my job for over 2 months. I ended up having to quit my job because I was out of work for longer than they could wait.

The girl and her parents (who actually own the horse) never even contacted me regarding the accident. But I heard that the same horse badly injured another trainer only a month or so after me.

I have HUGE medical bills as a result of this accident. I lost my job, and am permantly scarred from the cuts. My wrist will never have the same flexion again. Is there anything I can do here?
 


I

I AM ALWAYS LIABLE

Senior Member
heathermckean said:
What is the name of your state?

California


In September of 2003, I was badly injured when I was riding a horse for an aquaintance. I managed a large boarding facility and one of my boarders was an 18 yr. old girl who couldn't get out very often to see her horse. She asked me if I could ride him to give him some excercise and she would pay me. She neglected to mention that this horse was dangerous.

Within 10 minutes of me getting on the horse, he went crazy. I have been riding horses for 20 years and can handle most anything. But this horse had no regard even for his own safety and tosses me off. Consequently, I had to be life-flighted out of the ranch and spent 5 days in the hospital. I shattered my wrist, had brain swelling, and lacerations covering my body.

They did reconstructive surgery on my wrist and I was so badly banged up that I couldn't return to my job for over 2 months. I ended up having to quit my job because I was out of work for longer than they could wait.

The girl and her parents (who actually own the horse) never even contacted me regarding the accident. But I heard that the same horse badly injured another trainer only a month or so after me.

I have HUGE medical bills as a result of this accident. I lost my job, and am permantly scarred from the cuts. My wrist will never have the same flexion again. Is there anything I can do here?
Click to expand...


My response:

No, and I'm sure you've already consulted an attorney who told you the same thing. Read the case of Knight v. Jewett (1992) 3 Cal.4th 296, and it's progeny. As a matter of fact, your 20 years of experience works against you; i.e., you are a highly experienced rider and should and could have known the danger signs, and whether to trust, and how to deal with, an "unknown quality".

IAAL
 
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R

rmet4nzkx

Senior Member
You are a professional horse trainer and were working at a licensed facility, correct?
How well did you know this horse before attempting to ride him?
What does your contract with the horse owner say?
That facility has insurance, correct?
Did you apply for workers compensation since this occured on the job?
Did you do this as an independent contractor, if so what has your insurance paid for you?
Have you applied for disability, or unemployment?
 
I

I AM ALWAYS LIABLE

Senior Member
rmet4nzkx said:
You are a professional horse trainer and were working at a licensed facility, correct?
How well did you know this horse before attempting to ride him?
What does your contract with the horse owner say?
That facility has insurance, correct?
Did you apply for workers compensation since this occured on the job?
Did you do this as an independent contractor, if so what has your insurance paid for you?
Have you applied for disability, or unemployment?
Click to expand...


My response:

It wouldn't matter what her contract, if any, said with regard to injuries. If this happened "on the job", our writer's only recourse is through Workers' Compensation. That's it, end of story.

IAAL
 
R

rmet4nzkx

Senior Member
I AM ALWAYS LIABLE said:
My response:

It wouldn't matter what her contract, if any, said with regard to injuries. If this happened "on the job", our writer's only recourse is through Workers' Compensation. That's it, end of story.

IAAL
Click to expand...
I know that, that's why I asked, if they were doing it on their own time as an independent contractor, on the job or in competition with their own employment, they may not have been eligible for WC. Contract, insurance? I didn't expect either. If they lost their job it could have been for several reasons, or none at all.
A painful lesson.
 
W

wonderwhy

Junior Member
go cry about it a horse went a little crazy so lets get some money from someone that had NOTHING TO DO WITH IT jesus damn whiny americans whatever happened to just toughing something out
 
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