I might have missed something here but I have not seen where anyone
addressed how this would have been treated if it were a stallion. I am
interested in that.
In any case, this horse and rider combo have no business in public, and if
she HAD an attorney, I can guarantee she would be cautioned against taking this
horse out. If it is on her property, one can STILL sue - shouldn't but could -
but in public no matter what may have come out of her trap, she had an
obligation NOT to put anyone in harm's way. I used to teach a deaf girl - she
competed over fences for hears. We communicated with sign. What if this rider
had been hard of hearing, deaf, or even distracted by a junior rider with her? I
understand that some of you think a verbal, and in my opinion, minimal caution
was enough, but in the eyes of the law it isn't; and in the eyes of a victim, it
isn't. In the eyes of a mom who used to take her junior child along it most
CERTAINLY isn't. As a stallion owner, it still isn't. I may caution people till
I am stinking blue in the face, but because he is a boy - sweet and well
mannered, but a boy nonetheless - I choose to either give everyone their
space as needed, or in some cases where I know there will not be much space, I
stay home or take my Jackhammer to the ride. Any of you who know Magic know what
a HUGE sacrifice THAT is! The analogy of the intoxicated driver is a good one. A
rider SHOULD warn others, but in the case of a habitual biter or kicker, the
owner would be wise to choose another mount if the horse cannot be retrained. It
is just incomprehensibly self-centered and legally suicidal.