Saturday, January 31, 2009

You be the Judge (or Jury).

Example #1.

I have nothing against people riding horses with no tack. Remember, its not negligence to hurt yourself. I do think in a state with a negligence standard for loose horses, once you leave a safe enclosed environment and go out in the open you will have very hard time convincing a judge or jury your horse was under control if you get dumped and the horse gets away. Its just like a dog off a leash—you may feel your training gives you control, but its not enough.

Example #2

Is this fence going to keep horses in?

Example #3
This fence is not keeping any horse in. And what do they do? They film it!

Example #4

This one just has it all. The gate is broken. The owners are out of town. They have no horse sitter. They do not seem to know where the halters are. Somehow their clueless neighbors manage to save the day just by being really smart. They know nothing about horses, but they manage to get them back home safely.

Notice all the kids sitting around while horses gallop on the roads out of control. Notice in the end a woman says her horses are out all the time. The State Police call her to come and get them often.

Negligence?? It’s hard to say. That gate looks busted, but the place looks in very good shape. Maybe some kids came and took the halters and tried to play with the horses? In a strict liability state they would be at fault and look how many people could have been hurt! In a negligence state it may just be one of those things and there does not seem to be a history of these horses getting free.

I hope they bought those wonderful neighbors a new car or something!

Lastly, Example #5.

Yes, I know my jumper can clear 4 ft. But if I know he will not abide by our domestication agreement that he stay put in a reasonable fence, then I have to do something about it. That something is not make sure I capture it on film to post on the internet.

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