Re: Liability Evaluation

["Kirsten Price" <splash@dakotacom.net>]

From the Montana Statute:

(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.

So, if a plaintiff could convince a jury that a reasonable endurance rider
would have acted differently (e.g. pulled their horses up because they did
not have a good view of what was coming up) under the same circumstances,
there may be negligence and therefore liability. This a paragraph seems to
significantly weaken the assumption of risk that the statute was designed to
establish.

Kirsten


----- Original Message -----
From: Joane Pappas White <Lyoness@Castlenet.com>
To: <Ridecamp@endurance.net>
Sent: Saturday, September 25, 1999 7:37 AM
Subject: RC: Liability Evaluation


> I have not forgotten you but as I got into the Rider position and
> started to check out some of the insurance information which you sent to
> me, I became obvious that more research was necessary.
>
> The Montana statute has a paragraph in it that is not part of most
> states' statutes and it applies to Riders.  That provision has caused me
> some concern and thus the need for more research.  Compare Montana with
> Colorado's Statute and see if you can pick up on what should be
> concerning to a Rider in Montana:
>
> http://www.equispec.com/statute.htm
>
>
>
> Joane White
>
>
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Ridecamp is a service of Endurance Net, http://www.endurance.net.    
Information, Policy, Disclaimer: http://www.endurance.net/RideCamp   
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=