Urgent Liability Question

What is the name of your state? IN

My mother responded to an ad for a horse for sale. While riding the horse she was thrown. She sustained mupitiple injuries from the fall and spent 3 weeks in the hospital, was out for 9 days and has returned for another week and had to have surgery. My question is how liabale is the home owners insurance company? Should she get an attorney? The ins claims adjuster has made the comment that he does not think they are going to pay on the liability part of the policy but the claim is not done yet since they have not gotten a statement from my mother.

msmmkc said:

My question is how liabale is the home owners insurance company?

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Zero.

Should she get an attorney?

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Of course she could.... and if she does, make sure she asks him about 'assumption of risk' and 'foreseeable risk'.

assumption of risk
n. 1) taking a chance in a potentially dangerous situation. This is a typical affirmative defense in a negligence case, in which the defendant claims that the situation (taking a ski-lift, climbing a steep cliff, riding in an old crowded car, working on the girders of a skyscraper) was so inherently or obviously hazardous that the injured plaintiff should have known there was danger and took the chance that he/she could be injured. 2) the act of contracting to take over the risk, such as buying the right to a shipment and accepting the danger that it could be damaged or prove unprofitable.

foreseeable risk
n. a danger which a reasonable person should anticipate as the result from his/her actions. Foreseeable risk is a common affirmative defense put up as a response by defendants in lawsuits for negligence.

So, what EXACTLY is your mothers skill/experience with horses.... and did she make that CLEAR to the owner PRIOR to getting on the horse??
Why EXACTLY would you think the owner is liable for HER actions?

Her experience is very limited with horses. She had told the homeowner that she had rode in the past.
I was under the impression it was the same with a horse as it was with a dog. I could have the nicest dog on the block but if he bit you for no reason, I am liable. (?)
Let me add she rode the horse, the seller rode the horse and then Mom rode again, thats when the accident occured. From what I understand about the horse, it was very gentle and this was just a freak accident. I was also told by the insurance adjuster that the horse had formal training and that was not told to my mother by the seller. Thank you for your help. I will take any advice at this point.

you need to find out if your state has the "equine liability act" If it does you have no recourse unless their was gross negligence on the sellers behalf. Did your mother sign a waiver of liability?? WHat exactly happened?? Was their an equipment failure??

msmmkc said:

Her experience is very limited with horses. She had told the homeowner that she had rode in the past.
I was under the impression it was the same with a horse as it was with a dog. I could have the nicest dog on the block but if he bit you for no reason, I am liable. (?)

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If the horse bit your mother for no reason, then it would be the same. Or if your mother rode the dog and was thrown, then it would be the same. Otherwise, they're entirely different.

Your mother willingly rode the horse and was thrown. She is liable for her own actions.

teflon_jones said:

If the horse bit your mother for no reason, then it would be the same. Or if your mother rode the dog and was thrown, then it would be the same. Otherwise, they're entirely different.

Your mother willingly rode the horse and was thrown. She is liable for her own actions.

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**A: not to many rideable dogs.

HomeGuru said:

**A: not to many rideable dogs.

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No, but there are some. Or the OP's mother could be a midget and this horse may have been a shetland pony...