Equine Law Blog
I receive numerous calls from people who either believe they have a case against a horse seller or from horse sellers who have been threatened with lawsuits. As an attorney who has handled many sales cases and tried them in court, representing buyers and sellers, I know that many of these disputes are avoidable. Here are some options to help avoid sales disputes:
Genome sequencing/DNA-mapping of horses has been under way. A research team at Texas A&M University mapped one of its University-owned Quarter Horses (an adorable bay, foundation-bred mare). The testing provided, according to a Texas A & M geneticist, triple the genetic variation normally known about horses.
Many recall the legendary “Secretariat” ridden to his 1973 Triple Crown victory by jockey Ron Turcotte. Years later, Mr. Turcotte sustained crippling injuries while racing a horse at Belmont Park, and his litigation against multiple defendants was dismissed primarily because New York recognizes the doctrine of “primary assumption of risk,” and the court found that Turcotte assumed the risk of injury. [That case was Turcotte v. Fell, 68 N.Y.2d 432, 502 N.E.2d 964, 510 N.Y.S.2d 49 (1986).] New York is one of four states nationwide without an equine activity liability act.
Animal rescue organizations sometimes face the question of whether the “adoptee” of a rescued animal holds title to that animal and can use it for any purpose, even re-sell it. An equine rescue in New York litigated the issue of title in Cohen v. Rostron.1
Saddles, bridles, and harnesses are necessary assets in equine activities, but they can also generate liabilities. Over the years, lawsuits have claimed that someone either provided faulty equipment or improperly failed to detect and fix foreseeable equipment defects. For example, a 1992 Illinois court case involved a community center that provided horseback rides. During a ride, a cinch strap broke, causing the rider to fall from the horse and suffer injuries. The injured person blamed the mishap on an allegedly “worn, dry, and old” cinch strap that the center knew of or should have known about.
