Can you Sue For Injuries Sustained in a Horse-Riding Accident

In California, you can sue for injuries sustained in a horse-riding equestrian accident. An injured party may be entitled to damages, such as medical expenses and pain and suffering.

Who is Liable for a Horse-Riding Accident?

Liability for an injury sustained in a horse-riding accident may attach to:

• Horse trainer;
• The property owner where the accident occurred;
• The horse owner;
• The riding club;
• The company that made defective riding equipment (products liability)
• The company that operates the horse-riding/horse-back riding service and/or
• Other riders, etc.

Common Causes of Horseback Riding and Equestrian Accidents

Common causes of action in horseback riding and equestrian accidents include the following:

General Negligence: Often times horseback riding accidents and injuries occurs due to the equestrian club and or riding agency’s negligent actions. Common negligent action on part of the equestrian club includes failure to the instructor to train new riders, failing to properly train a horse, or failure to properly fasten saddles and girths to the horse.

Product Liability Claim: Horseback riders can sustain injuries due to the use of defective riding equipment such as defective saddles, defective riding helmets, defective girth, and bridles. In order to succeed on a product liability claim, the plaintiff must prove that the existence of a defect in the product substantially increased the risk of harm to the end-user. A plaintiff may prove the existence of a defect in a product in 3 ways. (1) Defect in the manufacturing process of the product; (2) Defect in the product’s initial design; and (3) Failure to warn.

Premises Liability: Injuries sustained in horse-riding accidents can be caused by defective riding trail conditions including. Under premises liability, owners and operators of the property/land are liable for any injuries caused by known and knowable dangers.

What Compensation is Available in a Horse-Riding Accident

If someone suffers an injury in a horse-riding accident, they can seek compensation for the following:

• Medical expenses incurred resulting from the accident;
• All future medical and rehabilitation expenses;
• Lost wages and salaries including loss of future income;
• Non-economic damage, such as pain and suffering

The statute of limitation for filing a civil lawsuit in a horse-riding accident is 2 years.

Personal Injury Attorney

If you or a loved one has been injured in a horse-riding accident, we invite you to contact KAASS LAW at (310) 943-1171 for a free consultation and case review.

Additional Circumstances Affecting Liability

In some cases, the determination of liability may depend on the specific relationship between the parties involved in the incident. For example, if an injury occurs during a paid horseback riding lesson, the instructor has a duty to ensure the safety of the client. Failure to fulfill this duty may result in the company being held liable for negligence.

In addition, a signed waiver of liability does not always exempt the defendant from legal consequences. In California, courts look at the circumstances of the case. Especially if the defendant’s conduct goes beyond ordinary negligence and approaches gross negligence. Therefore, with a signed waiver, an injured person can still file a lawsuit.

Proving Negligence

To successfully bring a negligence claim, four key elements must be proven:

• The defendant had a legal duty of care
• The defendant breached that duty
• The breach of duty was the proximate cause of the injury
• The plaintiff suffered damages as a result of the breach

In the case of horseback riding, such duties may include:

• Regularly inspecting the condition of the horses
• Checking equipment
• Instruction
• Selecting suitable routes, especially for beginners

Gathering Evidence and Testimony

It is important to gather evidence as soon as possible after an accident. Such as:

• Medical records
• Photographs of the accident scene
• CCTV footage
• Witness contact information
• Contracts and agreements with the club or trainer

You may also need the opinion of equine or veterinary experts. To confirm that there is a defect in the equipment or that the animal is unfit for use.

Non-pecuniary Damages

In addition to economic losses, the injured party is entitled to compensation for:

• Physical pain
• Mental suffering
• Loss of enjoyment of life
• Interference with a normal way of life

The court may consider the severity of the injuries, the length of recovery, and the impact on personal activities.

Contact KAASS LAW

If you have been injured in an equestrian accident, it is important to consult with an attorney as soon as possible. Contact KAASS LAW at 844-522-7752 for a free consultation. We will analyze the details of your case and explain your legal rights and options.