Re: RE: RE: Finish Lines

["Dyane Smith" <sunibey@sisqtel.net>]

Maybe I missing the point here, but in California a lot of the
responsibility for an accident rests with the person who had the last clear
chance to avoid the accident.  I always thought one of the most important
requirements for an endurance rider was to have good judgement:  judgement
to care for his/her horse; judgement not to run over spectators.
Dyane


----- Original Message -----
From: Bob Morris <bobmorris@rmci.net>
To: Charles M. & Kathy Copeland <drmike@thegrid.net>; Ridecamp@Endurance.
Net <ridecamp@endurance.net>; <guest@endurance.net>
Sent: Monday, April 10, 2000 8:17 AM
Subject: RC: RE: RE: Finish Lines


> I am very sorry that the people on this list are hashing over something
they
> have limited information about. The majority have heard only one side of
the
> question and have done no research to bolster their opinions.
>
> The incidence of finish line problems is not as limited as most people
would
> think. The fact that management has some responsibility is bolstered by
> legal statutes that both place responsibility and at the same time offer
> protection to ride management. I am referring the what most states call
> Equine Limited Liability laws.
>
> A few quotes from the ones in place in Montana where the subject incident
> occurred:
>
____________________________________________________________________________
> ___________
> The purpose of 27-1-725 through 27-1-727 is to assist courts and juries in
> defining the circumstances under which persons responsible for equines may
> be found liable for damages to persons harmed in the course of equine
> activities. It is the policy of the state of Montana that a person is not
> liable for damages sustained by another solely as a result of risks
inherent
> in equine activities if those risks are or should be reasonably obvious,
> expected, or necessary to persons engaged in equine activities. It is the
> policy of the state of Montana that an equine activity sponsor or equine
> professional who is negligent and causes foreseeable injury to a
participant
> bears responsibility for that injury in accordance with other applicable
> law.
>
> <<<That means the Ride Manager holds a responsibility to the competitors
> (and public) to provide a safe environment for the competition with in the
> scope of this document. In fact, the AERC Ride Managers Handbook (revised
> February, 1999) has a section (pg 15) concerning the safety of the finish
> line.>>>
>
> "Equine activity sponsor" means an individual, group, club, partnership,
> corporation, or other entity, whether operating for profit or nonprofit,
> that sponsors, organizes, or provides the facilities for an equine
activity.
> The phrase includes but is not limited to pony clubs; 4-H clubs; hunt
clubs;
> riding clubs; riding classes and programs; therapeutic riding programs;
> operators, instructors, and promoters of equine facilities; stables;
> clubhouses; pony ride strings; farms; ranches; and arenas.
>
> <<<This obviously includes Ride Managers.>>>
>
> "Risks inherent in equine activities" means dangers or conditions that are
> an integral part of equine activities, including but not limited to:
> (a) the propensity of an equine to behave in ways that may result in
injury
> or harm to or the death of persons on or around the equine;
> (b) the unpredictability of an equine's reaction to such things as
> medication; sounds; sudden movement; and unfamiliar objects, persons, or
> other animals;
> (c) hazards, such as surface and subsurface ground conditions;
> (d) collisions with other equines or objects; or
> (e) the potential of another participant to not maintain control over the
> equine or to not act within the person's ability.
>
> <<<This obviously indicates that Equine competition holds risks of major
> proportions that competitors must, through their association with equines,
> be aware of.>>>
>
> 1) Except as provided in subsections (2) and (3), an equine activity
sponsor
> or an equine professional is not liable for an injury to or the death of a
> participant engaged in an equine activity resulting from risks inherent in
> equine activities.
> (2) An equine participant shall act in a safe and responsible manner at
all
> times to avoid injury to the participant and others and to be aware of
risks
> inherent in equine activities.
> (3) Subsection (1) does not apply:
> (a) if the equine activity sponsor or the equine professional:
> (i) provided the equipment or tack and the equipment or tack caused the
> injury because the equine activity sponsor or equine professional failed
to
> reasonably and prudently inspect or maintain the equipment;
> (ii) provided the equine and failed to make reasonable and prudent efforts
> to determine the ability of the participant to safely engage in the equine
> activity and the participant's ability to safely manage the particular
> equine based on the participant's representations as to the participant's
> ability;
> (iii) owned, leased, rented, or otherwise was in lawful possession and
> control of the land or facilities upon which the participant sustained
> injuries caused by a dangerous latent condition that was known or should
> have been known to the equine activity sponsor or the equine professional;
> (iv) committed an act or omission that constituted willful or wanton
> disregard for the safety of the participant and the act or omission caused
> the injury
>
> <<<From this you can see that the State of Montana holds the Ride Manager
to
> some very implicit responsibility. In particular the fact that the
dangerous
> latent condition of the finish was well known from an incident from the
> previous year. This knowledge, held by the Ride Managers, did in fact,
> create an act or omission that constituted willful or wanton disregard for
> the safety of the participant.>>>
> --------------------------------------------------------------------------
--
> --------
> This is not to say the participants did notbear some responsibility, but
the
> management of the ride carries the preponderance of the responsibility
> through the act of controlling the property and through charging an entry
> fee to participate.
>
> After all it was an endurance ride and the winner is not that person
decided
> by choice between the participants but, as defined in V 1.4 The winner of
> the ride is the equine and rider who successfully completes the ride in
the
> fastest time. This means it is a race and management must at all times
> expect competitors to race for the finish. To do less is negligent!
>
> Bob Morris
> -----Original Message-----
> From: Charles M. & Kathy Copeland [mailto:drmike@thegrid.net]
> Sent: Monday, April 10, 2000 7:16 AM
> To: Ridecamp@Endurance. Net; guest@endurance.net
> Subject: RC: RE: Finish Lines
>
>
> The Super Bowl and the Kentucky Derby are held on private grounds not
public
> grounds like most endurance rides.  The riders must therefore always have
> the fact of public ignorance at the top of there list of things to
consider
> when doing an endurance ride.  It seems that ride management in this case
> had done an outstanding job in trying to keep the finish line as safe as
> possible.  Poor judgement on the part of these riders can in no way be
> blamed on the ride management.
> Kath
>
>
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