Equine Law Blog
Does an equine activity liability law apply to the setting of passengers who are injured during a horse-drawn carriage ride? Nationwide, courts cannot agree.
In a Wisconsin case, for example, the plaintiff (the one who filed the lawsuit) fell from a horse-drawn sled after the horses suddenly lurched forward. She was injured, and she sued. The trial court dismissed the case. In doing so, it reasoned that the sudden movement of the horses qualified as an inherent risk of equine activity under Wisconsin's law and because of this, the law's immunities applied. The court also found that none of the law's exceptions applied. The Wisconsin Court of Appeals agreed that dismissal was proper.
A case from Tennessee, however, brought a different outcome. There, the plaintiffs were passengers in a horse-drawn carriage ride through the streets of downtown Nashville and were hurt when the horse pulling their carriage spooked and bolted, overturning the carriage. Unlike the Wisconsin case, however, the Tennessee court ruled that Tennessee's Act could only stop a lawsuit when participants have engaged in an equine activity. Passengers in a horse-drawn carriage, the court reasoned, do not qualify as participants because they arguably did not control the horses.
If you have any questions about horse-drawn carriages, please let me know.
ShareholderJulie Fershtman is considered to be one of the nation's leading attorneys in the field of equine law. She has successfully tried equine cases before juries in four states. A frequent author and speaker on legal issues, she has written ...
