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Re: Dissemination of information
Disemination of Information is very important. Re kicking or any other
equine action that can cause injury I refer you to the several statutes
regarding Equine Limited Liability: To quote several:
<<<These are to be found at;(http://www.equispec.com/statute.htm)
I offer some of the pertinent sections from some of these laws:
1. "Inherent risk or risks of an equine animal activity" means those
dangers which are an integral part of equine animal activity, which shall
include but need not be limited to:
a. The propensity of an equine animal to behave in ways that result in
injury, harm, or death to nearby persons;
b. The unpredictability of an equine animal's reaction to such phenomena as
sounds, sudden movement and unfamiliar objects, persons or other animals;
c. Certain natural hazards, such as surface or subsurface ground
conditions;
d. Collisions with other equine animals or with objects; and
e. The potential of a participant to act in a negligent manner that may
contribute to injury to the participant or others, including but not
limited to failing to maintain control over the equine animal or not acting
within the participant's ability.
2. (f) "Inherent risks of equineactivities" and "inherent risks of
llamaactivities" means those dangers or conditions which are anintegral
part of equine activities or llama activities, as thecase may be,
including, but not limited to:
(I) The propensity of the animal to behave inways that may result in
injury, harm, or death to persons on oraround them;
(II) The unpredictability of the animal'sreaction to such things as sounds,
sudden movement, andunfamiliar objects, persons, or other animals;
(III) Certain hazards such as surface andsubsurface conditions;
(IV) Collisions with other animals or objects;
3. (2) "Equine activity" means:
(a) Equine shows, fairs, competitions,performances or parades that involve
any or all breeds of equinesand any of the equine disciplines including,
but not limited to,dressage, hunter and jumper horse shows, grand prix
jumping,three-day events, combined training, rodeos, driving,
pulling,cutting, polo, steeplechasing, endurance trail riding and
westerngames and hunting;
(2) It is the policy of the State of Oregonthat no person shall be liable
for damages sustained by anothersolely as a result of risks inherent in
equine activity, insofaras those risks are, or should be, reasonably
obvious, expected ornecessary to the person injured.
4. (1) Except as provided in subsections (2) and(3), an equine activity
sponsor or an equine professional is notliable for an injury to or the
death of a participant engaged inan equine activity resulting from risks
inherent in equineactivities.
(2) An equine participant shall act in a safeand responsible manner at all
times to avoid injury to theparticipant and others and to be aware of risks
inherent inequine activities.>>>>>>>>>
You will note, this last (from Montana) places some responsibility on the
riders to "act in a safe and responsible manner at all times to avoid
injury" and to "be aware of risks inherent in equine activities"
I suggest you go to the referenced web page and look up the statutes for
your state, it can be quite edifying.
Bob Morris
Morris Endurance Enterprises
Boise, ID
----------
> From: spencer <spencer@inu.net>
> To: ridecamp <ridecamp@endurance.net>
> Subject: Dissemination of information
> Date: Friday, May 01, 1998 11:45 AM
>
> Maybe some of these topics get 'beat into the ground' a bit, but I have,
> and am, still learning about what is going on out there around this
country
> as well as other parts of the world. If all I wanted was technical
> information, I could got to the library! Also, had no idea the kicking
was
> such a problem. Perhaps because I am not one of the front runners.
> Usually, I wait for the 'herd' to thin out as I ride conservatively.
BUT,
> considering one kick can ruin a horse by injury,etc or cause another
rider
> to loose income due to the injury, then it seems prudent that these
> episodes be monitored and taken care of appropriately. Someone may think
> the kick is a one time episode and not know others had the same problem.
> COMMUNICATION of dangerous problems can save others from a bad fate.
> Otherwise, we are just putting our heads in the sand. Depending on
where
> you are and the circumstances, it could be considered battery which is
yet
> another topic. If our horse injures another horse or rider, who is
> responsible for taking care of the injury? Seems to me the offending one
> should be liable for injuries he/she causes. IMHO
> Mary Ann
> Tx
>
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