Equine Law Blog
Police departments and local governments often enjoy governmental immunity, which protects them from liability except in limited situations. In one interesting but tragic loose horse case, a Florida court held that governmental immunity might not protect a municipality. That case involved a loose horse on an unlit highway late at night. A police officer spotted the horse on the road and followed from his squad car, but without lights (apparently, the officer had decided that the lights might spook the horse and turned them off). This resulted in a “slow speed chase” of the horse in an apparent attempt to herd it near the highway median.
At the same time this “chase” was in progress that night, however, a motorcyclist was driving along the opposite end of the highway. He was unable to see the loose horse and had been given no warning by the police of the loose horse nearby. The motorcycle collided with the horse, seriously injuring the driver.
The motorcycle driver believed the police should have warned him, while he drove on the other end of the highway that a loose horse was in the area. He argued that the the police officer was negligent for, among other things, failing to illuminate the area to help motorists see the loose horse on the dark roadway or to help motorists know a chase was in progress. Did the driver’s case succeed?
Yes. The court allowed the case to continue.
The case was White v. City of Waldo, 659 So.2d 707 (Fla. App. 1995).
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 ...
