Recognizing Ridecampers and Equine Laws

[lyoness@castlenet.com (Joane Pappas White)]

Steph,

In order to facilitate identification of Ridecamp people, have you
considered selling a decal or logo of some kind that we could buy from
Endurance Net for our horse trailers or trucks or whatever?  The "@" on the
ride number is a good idea but it would be particularly helpful if we could
identifiy Ridecampers at ridecamp where we could visit, even if our horses
were gaited differently.  

Also, Bob Morris's suggestion that you review Equine Laws in your state is
very important but any personal injury lawyer will tell you that neither
"Assumption of the Risk" type legislation or Waivers are any protection for
negligence.  The theory behind such waivers is that you assume the risks for
the reasonably foreseeable actions of the animals and the types of
"accidents" associated with the sport.  The theory does not waive the risk
created by irresponsible owners or ride managers. The kind of "kicking
episodes" you are describing are not accidents, they are injuries waiting
for victims!

I don't think you could create a Waiver for negligent behavior that would
stand up in a court of law--it would be contrary to public policy and common
sense. The finest lawyers in the world have tried and most have failed
because society will not shift the risk from a negligent tortfeasor to an
innocent victim.   
Ramey's article in EN is a good example. A person injured by a horse that is
generally well-behaved and suddenly kicks because of extreme circumstances
would probably lose in a court, but the person injured by a "horse with a
significant history" is very likely to win a major verdict not only against
the horse's owner but also against ride management if the horse's history
was known to management.  We assume the risk that horses will act like
horses;  we do not assume the risk that riders will act like idiots!

Joane 
(whose staff thinks that she has quit practicing law and permanently joined
her horses in greener pastures).