Injury at horse riding stable

[mshaste]

What is the name of your state? Michigan

My wife was thrown from a horse during a birthday party we were having for our daughter at a local stable and ended up with 3 vertebra compression fractures in the thorax region of her spine, two broken ribs and multiple bruises. My wife is an experienced horse rider(owns her own horse) and says she did nothing wrong to start the horse bucking.
My question is: Is the stable responsible for payment of my wifes medical bills, lost wages, etc...? We never signed any kind of waiver for riding, nor was there any type of postings for rules, liability claims, etc...
The horse my wife was put on is not a normal stable horse, they were short of enough horses for everyone to ride that day, so they brought this one in who they thought was gentle.

Thank you for any help given,
Mike

 

[BelizeBreeze]

Sec. 3. Except as otherwise provided in section 5, an equine activity sponsor, an equine professional, or another person is not liable for an injury to or the death of a participant or property damage resulting from an inherent risk of an equine activity. Except as otherwise provided in section 5, a participant or participant's representative shall not make a claim for, or recover, civil damages from an equine activity sponsor, an equine professional, or another person for injury to or the death of the participant or property damage resulting from an inherent risk of an equine activity.

Sec. 5. Section 3 does not prevent or limit the liability of an equine activity sponsor, equine professional, or another person if the equine activity sponsor, equine professional, or other person does any of the following:

(b) Provides an equine and fails to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the equine activity and to determine the ability of the participant to safely manage the particular equine. A person shall not rely upon a participant's representations of his or her ability unless these representations are supported by reasonably sufficient detail.[/I]

I also suggest you read the agreement you signed for sponosoring the event. such will have some disclaimer required by Michigan law.

 

[arrown8606t]

You would have to prove negligence on the part of the barn. Equine activities are considered to have inherent risks associated with them, which is why they actually have their own statutes (see Breeze's post). Otherwise, everyone who got tossed on their head would be suing. I understand that your wife has some experience with horses but, as a boarder/owner/rider (and someone who has had my share of unscheduled dismounts), I can tell you that 99% of the time when something goes wrong it's the riders fault. Was your wife offered any type of safety equipment by the barn? Did she accept or reject the use of the equipment? These are all things you would need to look at.

 

[stealth2]

unscheduled dismounts

I love this. I'll need to remember it!

 

[BelizeBreeze]

I love this. I'll need to remember it!

Unscheduled Dismounts really, really, really suck!!!!

Especailly when she answers the damn phone...

 

[mlane58]

Unscheduled Dismounts really, really, really suck!!!!

Especailly when she answers the damn phone...

RLMAO!!!!!!!!!!!!!!! You the Man!!!!!!!!!!!!!!!

 

[arrown8606t]

stealth2
Senior Member Join Date: May 2002
Posts: 23,807

Quote:
Originally Posted by arrown8606t
unscheduled dismounts


I love this. I'll need to remember it!

Glad I could amuse you. It doesn't make me feel as bad as telling someone I got dumped on my a**. As an experienced horseperson, it's hard on the ego to admit that you plain old got tossed, which I suspect is the above situation. My horse even threw the trainer a couple of weeks ago. They're large, they have minds of their own, sh*t happens.