HORSEBACK RIDING
Injuries obtained from Horseback Riding Accidents
Horseback riding accidents can cause serious injuries to an unsuspecting rider. The most common injuries are: broken bones, spinal cord injuries, and head trauma. These serious injuries may lead to major life changes, as well as cause a lifetime of complications. One only has to look at the affects of Christopher Reeves' horseback riding accident to know that serious injuries can and do occur, even to the most experienced rider.Riders should try to minimize potential injuries by:
· Wearing a hard hat
· Matching your skills to the proper horse
· Not going too fast on dangerous terrain
· Rechecking cinches a second time after a few minutes of riding
· Not spooking their horse, by loud noises
· Avoiding a kicking horse
· Not being on foot in the corral
· Not riding when overweight and out of shape
· Not lagging behind and speeding forward to catch up
· Not prematurely “bailing out” to get off a runaway horse
· Requesting a qualified ride leader
Even practicing these preventive tips does not mean that an accident will or will not occur. Horseback riding accidents occurring in Michigan are governed by the Michigan Equine Activity Liability Act. Please see the handout labeled "Michigan Equine Activity Liability Act" for a complete copy of this act.
Michigan laws make it difficult to bring a suit against a horse owner. In many cases the horse stables and owners of horses are "immune" from lawsuits. A thorough knowledge of "Michigan Equine Activity Liability Act" is required. The most important part of the Michigan Equine Activity Liability Act, MCLA 691.1661 (1995), is Section 5, which states that:
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:
(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. A person shall not rely upon a participant's representations of his or her ability unless these representations are supported by reasonably sufficient detail.
(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.
Additionally, according to the Michigan Equine Activity Liability Act a warning sign must be posted and be clearly visible to potential riders. The warning must state:
WARNING
Under the Michigan equine activity liability act, an equine professional is not liable for an injury to or the death of a participant in an equine activity resulting from an inherent risk of the equine activity.
Early investigation and inspection of the facility and site are key to preserving evidence. Evidence has a habit of being discarded or misplaced. Avoid this happening by taking the time to write out the events as they occurred, going back to the site and taking pictures, getting witness statements, and a copy of any paperwork that you signed before riding. You should note the position of all riders, horses (horse names), other riders, layout of the property, position of any signs, and any other pertinent information.
Call Craig W. Elhart, P.C. at 1-800-968-4534 or (231) 946-2420 for a free consultation and to protect your rights.
Click to download: Horseback Riding Accidents.doc
Click to download: HIPAA Medical Form.doc
Click to download: Personal Injury Questionnaire.doc