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.
Liability for an injury sustained in a horse-riding accident may attach to:
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.
If someone suffers an injury in a horse-riding accident, they can seek compensation for the following:
The statute of limitation for filing a civil lawsuit in a horse-riding accident is 2 years.
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.
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.
To successfully bring a negligence claim, four key elements must be proven:
In the case of horseback riding, such duties may include:
It is important to gather evidence as soon as possible after an accident. Such as:
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.
In addition to economic losses, the injured party is entitled to compensation for:
The court may consider the severity of the injuries, the length of recovery, and the impact on personal activities.
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.