Equine Law Blog
A 2001 case involved the plaintiff, a highly experienced trick rider, who was dragged from her horse and injured while engaging in trick riding activity. She sued the saddle manufacturer, Weaver Leather Goods, claiming that an off-billet on the saddle was defective. Her lawsuit claimed that the saddle maker violated a provision of the Tennessee Uniform Commercial Code by breaching an implied warranty of fitness for a particular purpose. She also sued for products liability and failure to warn.
The court sided for the saddle maker. It found that the plaintiff trick rider failed to come forth with evidence that the saddle was defective when it left the manufacturer or that it was unreasonably dangerous. In fact, evidence showed that the plaintiff had used the same saddle in trick riding activity for five months before the incident occurred, without experiencing a problem. Evidence also showed that no witness had ever heard of a similar accident involving a Weaver leather off-billet, despite thousands of such billets having been sold over a twenty-year period. On appeal, dismissal was affirmed.
The case was Moreland v. Weaver Leather Goods, 13 Fed. Appx. 329 (6th Cir. 2001).
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 ...
