Negligence is the Failure to exercise reasonable care in controlling animal or preventing the harm.
Many cases of negligence can include, fault tack and equipment, knowingly having unsafe pasture fences, enabling horses to escape, improper supervision of a minor earthier riding or handling a horse.
Negligent conduct is not necessarily intended to inflict harm. By comparison,
however, “gross negligence” involves a voluntary act in reckless disregard of the
consequences affecting the life or property of another. In assessing negligence, the court will also
consider the foreseeability of serious harm that can occur.
How can you Be protected against Negligence?
Equine Activity Liability Acts (“EALA”)
46 states have enacted some form of an EALA. States without this type of legislation are:
California, Maryland, Nevada, and New York. Many of these laws have common characteristics,
but all of them differ.
EALA can protect farms from being sued. There are however, certain exceptions to EALA;
- Faulty tack and equipment was provided
- improper match of a horse and rider
- dangerous terrain
- intentional wrong doing was committed
The equine liability laws can actually help the horse industry, in some states, foresee the types of things that may create liability and then actively strive to prevent them.
Sources:
http://www.eqgroup.com/library/eqlegal1.htm
http://www.equinesurety.org/tag/gross-negligence/
http://www.equinestudies.umd.edu/documents/HWE2008/daney2008.pdf
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