Re: RC: Montana: A Lawyer's Challenge

[Peggy Rinehart <rubyjwl@cts.com>]

Hi Joane,

Thanks for the informative post.  In the aftermath of incidents such as this
one, it is all too easy for us to get caught up in reactionary responses.
No discussion can undo the damage already done.  But the issues you are
raising and the discussion that ensues can help us all to be active risk
managers and responsible, ethical participants in this sport.

Peggy Rinehart
Ramona, CA

At 04:48 PM 9/22/99 -0700, you wrote:
>Ridecampers:
>
>As I left this morning, I paused to read Ridecamp and saw Jim's sister's
>message on his condition.  I'm sure it has haunted all of us today. 
>After reading Jean's post, I thought I should backoff this thread but
>after seeing the fears of the Ride Managers, I think it is even more
>important to continue.  
>
>The whole purpose of this mental exercise is to help determine how to
>avoid injury and to understand the risks we are assuming if we choose to
>participate in this sport.
>
>It had been my plan to address the position of the rider/participants
>tonight, but I think I'll shift gears and talk about the position of the
>Ride Managers and other "Equine Activity Sponsors".
>
>It is my opinion that the average equine liability statute was most
>intended to protect the nonprofessional sponsors of equine events. 
>Since that group is essential to the operation of most amateur sports,
>and since that group had often risked their own assets to offer
>activites for the good of the general public, many states began creating
>statutes to protect such sponsors in many different types of sporting
>events--particularly dangerous ones. This same type of statute was also
>created to protect the good samaritan who acted to help injured people.
>From what I have found so far, 43 states have now pasted Equine
>Liability Statutes in one form or another.  You should all know your own
>and its separate requirements.
>
>The Montana Statute provides:
>
>> 4) "Equine activity sponsor" means an individual, group, club,
partnership, corporation, or other entity, whether operating for
>profit or nonprofit, that sponsors, organizes, or provides the
>facilities for an equine activity. The phrase includes but is not
>limited to pony clubs; 4-H clubs; huntclubs; riding clubs; riding
>classes and programs; therapeuticriding programs; operators,
>instructors, and promoters of equine facilities; stables; clubhouses;
>pony ride strings; farms; ranches; and arenas. <
>
>
>While some of our Ride Managers might also be Equine Professionals
>within the meaning of the statute, most of the RM's are just sponsors
>and are given the maximum protection.
>
>That protection says that a person may not sue the RM for injuries that
>are an inherent part of our sport or that should be obvious, expected or
>necessary to participation in the sport. There is an exception but we
>will discuss that in a few moments.
>
>So, what risks are inherent in our sport?  Just about everything!  As my
>nonhorsey hubby points out, "those horses will bite you, kick you, buck
>you off, step on you, and even kill you!" What other risks are obvious?
>How about getting lost, dying of dehydration, falling off of cliffs,
>rolling down mountains, getting buried in spring snowfalls in Nevada and
>dying of hypothermia!  Just look back at your own ride stories.  Is
>there anything that couldn't happen on one of these rides?
>
>The statute goes even further than my imagination to protect the RM.  It
>adds some very specific risks that are assumed by those invloved in the
>event:
>
>> 7) "Risks inherent in equine activities" means dangers or conditions that
are an integral part of equine activities, including but not
>limited to: 
> 
>  (a) the propensity of an equine to behave in ways that may result in
>injury or harm to or the death of persons on or around the
>equine; 
> 
> (b) the unpredictability of an equine's reaction to such things as
>medication; sounds; sudden movement; and unfamiliar objects, persons, 
>or other animals; 
>
> (c) hazards, such as surface and subsurface ground conditions; 
> 
> (d) collisions with other equines or objects; or 
> 
> (e) the potential of another participant to not maintain control over
>the equine or to not act within the person's ability. 
> 
> Mont. Code Anno., s 27-1-726 (1993) <
>
>
>Please take a very close look at subsections b, d, and e.  It is my
>opinion that a truck coming out of nowhere directly onto the ride course
>and the effect of that object on racing horses and riders is just the
>type of inherent risk the statute is addressing. 
>
>What does that mean?  That NO person (within the scope of the statute)
>who sustains an injury from such a risk can hold the RM responsible. 
>Such a suit would be barred.
>
>I told you there is an exception to this protection.  This exception
>exists in many different types of statutes.  It is intended as good
>public policy--Do not let Liability Limiting Statutes become a license
>to be negligent.  
>
>Does this mean that a RM who puts the finish line to close to a road is
>liable? No!  In fact, although the Statement of Purpose in this statute
>is fairly broad, the actual statutory language (the real law) limits the
>RM to only very specific acts of liablity:
>
>The protection would be waived:
>
>> (a) if the equine activity sponsor or the equine professional: 
>    
>     (i) provided the equipment or tack and the equipment or tack caused
>the injury because the equine activity sponsor or equine professional
>failed to reasonably and prudently inspect or maintain the equipment; 
> 
>     (ii) provided the equine and failed to make reasonable and prudent
>efforts to determine the ability of the participant to safely engage in
>the equine activity and the participant's ability to safely manage the
>particular equine based on the participant's representations as to the
>participant's ability; 
> 
>     (iii) owned, leased, rented, or otherwise was in lawful possession
>and control of the land or facilities upon which the participant
>sustained injuries caused by a dangerous latent condition that was known
>or should have been known to the equine activity sponsor or the equine
>professional; 
> 
>     (iv) committed an act or omission that constituted willful or
>wanton disregard for the safety of the participant and the act or
>omission caused the injury; or 
> 
>     (v) intentionally injured the participant; or 
> 
>(b) in a products liability action. <
>
>In short, in Montana, RM's are not liable for anything that they cannot
>directly control.  In other states, the more general negligence standard
>is used but even then the actions of the RM are judged against the
>actions of other "reasonable ride managers".  
>
>Who determines what is reasonable in our sport?  WE DO!  What would it
>take to prove neglience against a RM in a courtroom? Other good Ride
>Managers describing what their standard of care is and how a negligent
>RM's actions were substandard and fell below that standard. Showing
>clear and dangerous violations of AERC safety rules might do it. What
>are the chances of that happening?  Unless the conduct fell so low that
>all of you could reach a general consensus, then I think there would be
>no chance in a courtroom even if the facts were undisputed.  Now add
>highly disputed facts and you can imagine how difficult such a burden of
>proof would be.
>
>So now that the Ride Managers can catch their collective breathes and go
>back to planning their rides, we will address the riders' position under
>the statute next time.
>
>Joane White
>Attorney at Law
>Price, Utah
>
>
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