Equestrian and Horse Riding Claims

by Robert J. Lantzy robert@buckfirelaw.com

Michigan equestrian injury lawyers and horesback riding lawyers representing clients injured in equestrian activities, like horseback riding and other events at horse stables, must have a complete knowledge and understanding of the laws regarding those types of lawsuits. The types of injuries from these incidents are often severe, like traumatic brain injuries, spinal cord injuries, and serious orthopaedic injuries.

In many cases, the injured person cannot file a claim because the legislature has made horse stables and owners of horses "immune" from lawsuits. There are certain exceptions to these laws that do permit lawsuits. The State of Michigan has specifically addressed and provided specific immunities to Defendants who are sued as a result of horse riding injuries to others. The Michigan Equine Activities Liability Act provides in pertinent part that:

The Michigan Equine Activities Liability Act provides in pertinent part that: “Except as otherwise provided in Sec. 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.” MCL 691.1661, Emphasis added. The broad exceptions to the general rule of non-liability are set forth in Sec. 5. Sec. 5 states in pertinent part that: “Sec. 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:

(a) Provides equipment or tack and knows or should know that the equipment or tack is faulty, and the equipment or tack is faulty to the extent that it is a proximate cause of the injury, death, or damage.

(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. . .

(c) Owns, leases, rents, has authorized use of, or otherwise, is in lawful possession and control of land or facilities on which the participant sustained injury because of a dangerous latent condition of the land or facilities that is known to the equine activity sponsor, equine professional, or other person and for which warning signs are not conspicuously posted.

(d) COMMITS A NEGLIGENT ACT OR OMISSION THAT CONSTITUTES A PROXIMATE CAUSE OF THE INJURY, DEATH, OR DAMAGE.

In order to pursue a case involving a horse riding injury in Michigan, it is essential hire a Michigan eequestrian injury lawyer or Michigan horse riding injury lawyer shortly after the incident, before evidence is lost and witness memories fade. It is not uncommon for a potential Defendant to discard or misplace the equipment used on a horse at the time of an incident. We specifically dealt with a case where the equipment was simply put back in a barn with all of the other Defendant’s horse equipment, making it almost impossible to distinguish the equipment used at the time of the incident.

An early investigation and site inspection is essential to preserving key evidence. Position of the horse, rider, other horses, and other riders may prove to be pivotal in a Michigan horse case. Memories regarding the location of the incident will surely fade over time. Configuration of the property, including location of corrals and mounting areas, may change over time.

To the extent that the case involves a closed head injury, a client may not be in a position to remember pertinent facts that would assist in the litigation process.

Early retention of equestrienne safety experts (when expert testimony is necessary will add significant value to the lawsuit and provide necessary testimony to avoid summary dismissal of a lawsuit by a trial judge.

Do I have a Michigan equestrian injury or Michigan horse riding accident case?

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Contact a Southfield, Michigan, horse injury and MIchigan equestrian injury attorney serving the greater Detroit area.