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I believe I was at the ride where the woman contacted her attorney to
complain...based on a wrong turn SHE made!! It was ridiculous. Not only
was she very vocal and rude, she complained to those who would listen about
not being able to take care of her horse properly because she "had to get
this matter settled." That is a selfish person. IMO she should have taken
care of her horse and written her mistake off to "Lessons Learned." I
agree that had there been money at stake, it would have gotten really ugly!!
I'm just starting my endurance career this year--and it certainly isn't
becuase I hope to win money. I'm thrilled that ride managers give away
completion awards...after all, isn't that what this is all about?
Completing with a horse that is in good condition and the feeling of
accomplishment that accompanies that.
If AERC decides to sanction rides awarding money, I hope they will only do
so if the prize money is donated in the winner's name to organizations that
protect horses.
Dorothy & Elly (she only wants to win hay!)
Taylorsville, CA
----------
>
> Jim Rogan asked me to e-mail the list a copy of this letter he sent to
> the board. Jim is the chairman of the AERC Protest Committee. My software
> will not duplicate his letterhead but it basically says:
>
> Begin Quote"
>
> J.James Rogan
> Attorney at Law
> 345 South Fourth Street
> Danville, Ky 40422
> (606)236-8121
>
> February 19, 1997
>
>
> TO: Board of Directors
>
> FROM: Jim Rogan, Chairman-Protest Committee
>
> SUBJECT: Prize Money
>
>
> I write to you on my professional letterhead to illustrate my point.
You
> can
> expect to receive future letters from attorneys as a result of sanctioned
> rides
> that award prize money. The letters will demand money damages for physical
> injuries, lost prize money and punitive damages to compensate a victim
for the
> willfil disregard of AERC Rules and Regulations.
>
> I foresee sanctioning directors and ride stewards sued individually for
> inadequate course design, failure to change an obvious hazard or
sanctioning
> a ride without riding the course in advance to discover any hazards that
might
> not be appreciated by the riders in the heat of competition. The hapless
> volunteer who gives a rider incomplete or erroneous trail information will
> spend time in court as my brothers and sisters at the bar pontificate
about
> the standards of care that should be imposed on ride personnel.
>
>
> You may think I'm being somewhat extreme, but after two years on the
> protest
> committee I feel comfortable in stating that litigation will follow prize
> money. When you read these protest letters you can feel the anger of the
rider
>
> and their sense of being forced to suffer an injustice through no fault of
> their own. These people will be suing you. It was only this year that we
> recieved a protest from a rider who called her attorney on her cell phone
at
> the ride seeking legal advice. If this rider had lost first place prize
money
> because of a percieved error of a ride volunteer, I doubt if a response
from
> the Protest Committee would have sufficed and closed the matter. Prize
money
> will change the dynamics of the ride and alter the relationship that now
> exists
> between riders and ride personnal.
>
>
> From a lawyer's perspective, prize money will make a lawsuit against
the
> ride manager, directors and any possible deep pocket a " money making
> venture".
> As it stands now a lawsuit based on an amateur event represents a looser
type
> of case. Most states have enacted liability limiting statutes that prevent
> lawsuits based on carelessness in horse related activities. I doubt if
these
> statutes will protect you if AERC sanctions prize money. You may deem it
> advisable to seek your own legal advice.
>
>
> I could go on in great detail about other questions prize money will
raise,
> but I think my point is made. There is one more area that I think deserves
> your
> consideration. As a board member you are one of many who unselfishly
devotes
> his or her time and money to further the sport of endurance riding. AERC
> committees are staffed by volunteers, the rides are possible because of
> volunteers. We would provide the entire AERC infrastructure that will
enable
> a handful of riders with state of the art equipment, the most able pit
crews
> and the most outstanding horses to win the lions share of any prize money.
> The average AERC rider will never see any prize money. Each one of us
should
> consider if we want to donate out time and individual financial resourses
so
> a few could win prize money. I seriously doubt that I would donate my time
> and bear the expenses of postage and copying to resolve protests to
decide
> who wins $3000.00 as opposed to $2000.00. Let the courts decide disputes
> over prize money.
>
>
> I ask you to consider refusing to sanction any ride that awards prize
> money. In my opinion this should include IAHA sweepstakes and ROC. We
should
> let IAHA conduct its own ride and incur the liability. If prize money is
so
> important then AERC sanctioning should be meaningless to the riders
because
> they are riding to win, which is of course, opposite of
> TO FINISH IS TO WIN.
>
>
> " End Quote
>
>
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