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My daughter fell off a horse last night during a lesson. Who is responsible?
Anonymous5 views8 answers
These lessons are done at a home of an acquaintance from church, not at a professional stable. Our insurance deductable is so high. Can I ask that they use their homeowners insurance? We had to take her to the ER. No serious injuries, but her foot and hip are bruised. We wanted her checked out right away. The hospital said we could call in with the insurance information. I just was not sure who is responsible. Thank you.
Obviously, there is an inherent risk in riding horses. If the owner knew of dangerous tendencies of the animal, then you could have a claim. Check the Equine law. But, generally you assume the risk. Many homeowner's polices have a medical pay benefit that pays a fixed amount for actual medical bills regardless of fault. . Usually the amount is $1,000.00. However, a horse riding business might not be included if not disclosed at the time of writing the policy. Glad you daughter is ok. Good Luck!
Until you have some theory against the provider, it would appear your daughter is the one responsible for her horse fall.
To claim otherwise, you must have some liability theory and your facts do not.
You can ask for coverage under their homeowners insurance, however, without reviewing the entire policy, it is impossible to know whether or not they will provide coverage. If your claim is denied, you can seek an experienced insurance coverage attorney for assistance. Good luck.
Samuel CohenCar / Auto Accident LawyerPhiladelphia, PA ·
The mere happening of an accident is not evidence of negligence. Did your neighbors do something wrong? If not, they are not responsible. Horseback riding carries risk with it. If you and your daughter knowingly and voluntarily assumed the risk, your neighbors have a defense in most states. If the neighbors have homeowners insurance with medical payment provisions, that might provide coverage.
Timothy J. KliszCar / Auto Accident LawyerLivonia, MI ·
There is a equine liability act in Michigan that would surely apply. Homeowners may not cover business ventures. Speak to a local Michigan attorney about the matter.
Under the Michigan equine activity liability act, an equine professional is not liable for an injury to or the death of a participant in an equine activity resulting from the inherent risk of the equine activity. What this means is that you have assumed the risk of injury. You are responsible.
Sorry to hear about this. If you could be more specific about what happened it would help the analysis. You should review the Michigan Equine Liablity Act. There are certain circumstances where there may be liability. If they were running a business out of the premises and did not get the necessary coverage than homeowners usually won't cover it.
Christian K. Lassen IIPersonal Injury LawyerPhiladelphia, PA ·
I'm sorry to hear about this. Riding, or show jumping, is my lifelong sport. Most states have equine liability acts which prevent lawsuits which the exception for
1. defective tack
2. matching an inexperienced rider with a unsuitable horse for her abilities
Submit the bill to the homeowner's carrier nonetheless.