//--- forwarded letter
-------------------------------------------------------
> endurance-digest Friday, 10 November 1995 Volume 01 :
Number 203
>
>
>
> From: "Mark A. Thayer" <mathayer@cs.unm.edu>
> Date: Thu, 9 Nov 1995 17:25:42 -0700 (MST)
> Subject: [endurance] child safety
>
> This is a bit off-charter, but I'd appreciate some feedback.
>
> Our barn is a not-for-profit association. We provide basic services
> (feeding, cleaning, maintenance of facilities, etc.) for a very
> reasonable monthly rate.
>
> We recently had a new boarder arrive -- and 11-year-old girl with an
> Arab mare. To make a long story monotonous -- Mom and Dad, who have no
> experience with horse, want to just drop her off.
>
> We've had a few incidents where I thought for sure the little girl was
> going to end up in the hospital. Reasonable discourse with the parents
> has failed ("she's had riding lessons since she was four, and she's
> handled tougher horses...", etc., etc.). The board of directors has
> tried to enforce a policy of parental supervision, but it is ignored.
> Unfortunately, the boarding agreement can be interpreted just about
> any way you like.
>
>
> So what to do?
> Suggestions?
>
>
> From: "Mark A. Thayer" <mathayer@cs.unm.edu>
> Date: Fri, 10 Nov 1995 10:07:27 -0700 (MST)
> An update...
> ... the board had a special meeting last night specifically to
> address this issue. Not much was accomplished in terms of concrete
> results, but everyone a) kept their temper under control, and b) had a
> chance to be heard. A good first step.
>
> Because the Association is not-for-profit, there's no owner or manager
> that can lay down the rules, and be there all the time to enforce them.
> The directors can't throw someone out for being stupid (much as they
> might like to). The issues of liabiity and responsibility, both legal
> and moral, are complex.
>In the meantime, I'm going to offer (as tactfully as I can manage) to
>help the young lass learn how to *play* with her horse, as the first
>step toward rebuilding the relationship.
>
> Mark Thayer
> Albuquerque, New Mexico
> USA
>
> ------------------------------
>
> End of endurance-digest V1 #203
> *******************************
I think you should be talking to an attorney at this point because of
the liability issue alone. I assume the "barn " is on private property.
The owners of the property may be liable for an accidental injury to
either the offender or the injured party (another boarder at the barn).
In addition the individual board members of a non-profit organization
are legally responsible for the actions of the organization as a whole.
Therefore the individual barad members could be held liable for the
lack of action to provide a safe environment for everyone using the
facility. Do you carry insurance for your board members in the area
of liability?
You have a very good legal right to prohibit this person from boarding
at this barn or from using the facility at all due to her and her parents
historical negligent behavior.
I'm not an attorney or an insurance specialist but that is where you
should be looking for your advice.
Also you probably should not take on instructing this girl without a
formal agreement from her parents. By teaching her informally you are
taking a liability risk on to yourself. Even with an agreement from her
parents that does not prevent them from sueing you for negligence.
In addition if you are not a credentialed instructor then you are
probably liable for your actions due to lack of professional credentials
or experience.
My feeling is you should not take her on as personal responsibility,
project or anything else. The board should choose an attorney to
represent them with a letter to the parents. This will cost your group
about $100 max. I've been there before in a minor copyright matter, but I
remember the consultation and letter totaling around that amount.
Good luck to you!
Ray Santana
UC Davis Medical Center
Network Operations
rtsantana@ucdavis.edu