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If a horse kicks another horse at a show (non-rated), is it considered ride at your own risk? Anyone with a knowledge of Usef rules, can you direct me to the citation in the rule book? Who is liable, if any?
Horses are animals, if you invade their privacy they will react. Less sensitive horses may pin their ears, others may kick when you run up on them or head on.
A red ribbon won’t do much good when the horse that was kicked came head on and almost touched stirrup irons while moving.
It sounds to me as if you’re dealing with a situation where someone got kicked in a schooling ring, and someone is now suing.
This is the website for USEF: http://www.usef.org/
I did a quick search, and I didn’t find anything that deals with schooling areas. Maybe you’ll have better luck, but I doubt it. The USEF rules are mainly in regard to competitions, and I doubt if they’d touch on what goes on in a schooling area.
You might check with the facility where the incident occurred, and see if they have any rules or guidelines, but I suspect you’ll find that they just have some vague "motherhood" statement about people not behaving in unsafe ways.
If you’re worried about litigation, you probably should see a lawyer. FWIW, if this situation goes to litigation, most of the people involved in passing judgement on it are not going to be expert horsemen.
A lot might depend on whether the horse that did the kicking had a history of kicking under similar circumstances, and whether the rider of the horse knew the horse had a history of kicking. If the rider knew that the horse had a history of kicking in a crowded ring where people are moving in both directions and in close quarters, I think a reasonable person would determine that the rider should not have taken the horse into those conditions without warning the other riders that the horse was predisposed to kicking.
If the horse was not known for kicking, or if the rider had no knowledge that the horse was known to kick under those circumstances, then I think it all depends on whether the rider exercised the reasonable precautions that all riders exercise in order to minimize the chance of someone getting kicked.
FWIW, while I’m not a lawyer, I’ve known a few people who were involved in lawsuits on either plaintiff or defendant side, and I have to tell you that if you really want to piss someone off quick, try telling someone who has gotten hurt that it’s their own darn fault and if they’d been more careful it wouldn’t have happened. Particularly if you are the person who they believe is responsible for their being hurt. Even if you’ve got the law on your side, you’re going to make them mad.
Some advice from a non-lawyer, free advice, worth what you pay for it: if your horse kicked someone else and you knew your horse was inclined to kick, ask a lawyer what he or she would charge to defend the case if the other party files suit against you. If what the other party is asking is less than a lawyer would cost to defend you, PAY THEM and get them to sign an agreement that the settlement is in lieu of legal action.
…And for sure, if there’s the possibility of litigation, don’t run around bleating to all and sundry that it’s the other guy’s fault. Do your best immitation of a clam and don’t say anything. If people ask about the situation, just tell them that you can’t talk about it. Repeat as necessary.
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If a horse kicks another horse at a show (non-rated), is it considered ride at your own risk? Anyone with a knowledge of Usef rules, can you direct me to the citation in the rule book? Who is liable, if any?
Horses are animals, if you invade their privacy they will react. Less sensitive horses may pin their ears, others may kick when you run up on them or head on.
A red ribbon won’t do much good when the horse that was kicked came head on and almost touched stirrup irons while moving.
It sounds to me as if you’re dealing with a situation where someone got kicked in a schooling ring, and someone is now suing.
This is the website for USEF: http://www.usef.org/
I did a quick search, and I didn’t find anything that deals with schooling areas. Maybe you’ll have better luck, but I doubt it. The USEF rules are mainly in regard to competitions, and I doubt if they’d touch on what goes on in a schooling area.
You might check with the facility where the incident occurred, and see if they have any rules or guidelines, but I suspect you’ll find that they just have some vague "motherhood" statement about people not behaving in unsafe ways.
If you’re worried about litigation, you probably should see a lawyer. FWIW, if this situation goes to litigation, most of the people involved in passing judgement on it are not going to be expert horsemen.
A lot might depend on whether the horse that did the kicking had a history of kicking under similar circumstances, and whether the rider of the horse knew the horse had a history of kicking. If the rider knew that the horse had a history of kicking in a crowded ring where people are moving in both directions and in close quarters, I think a reasonable person would determine that the rider should not have taken the horse into those conditions without warning the other riders that the horse was predisposed to kicking.
If the horse was not known for kicking, or if the rider had no knowledge that the horse was known to kick under those circumstances, then I think it all depends on whether the rider exercised the reasonable precautions that all riders exercise in order to minimize the chance of someone getting kicked.
FWIW, while I’m not a lawyer, I’ve known a few people who were involved in lawsuits on either plaintiff or defendant side, and I have to tell you that if you really want to piss someone off quick, try telling someone who has gotten hurt that it’s their own darn fault and if they’d been more careful it wouldn’t have happened. Particularly if you are the person who they believe is responsible for their being hurt. Even if you’ve got the law on your side, you’re going to make them mad.
Some advice from a non-lawyer, free advice, worth what you pay for it: if your horse kicked someone else and you knew your horse was inclined to kick, ask a lawyer what he or she would charge to defend the case if the other party files suit against you. If what the other party is asking is less than a lawyer would cost to defend you, PAY THEM and get them to sign an agreement that the settlement is in lieu of legal action.
…And for sure, if there’s the possibility of litigation, don’t run around bleating to all and sundry that it’s the other guy’s fault. Do your best immitation of a clam and don’t say anything. If people ask about the situation, just tell them that you can’t talk about it. Repeat as necessary.
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