ILNews

COA addresses equine statute for first time

Back to TopE-mailPrintBookmark and Share

Ruling on the state’s Equine Activity Statute for the first time, the Indiana Court of Appeals affirmed the statute barred a woman’s claim for injuries during a horse competition.

Teresa Perry, an adult member of the Whitely County 4-H Clubs’ Equine Advisory Board, helped select the horses that were shown at a competition in the Show Barn. Horses weren’t allowed in the Show Barn except for this competition; they generally were in the Horse Barn, which is wider than the Show Barn.

When trying to help a child turn a horse around who was agitated, Perry was kicked in the knee and injured.

She sued because she believed the 4-H Club was negligent in holding the competition in the smaller Show Barn because the horses were closer together and since the horses aren’t used to the barn, they were more likely to get spooked.

The trial court granted summary judgment for the club based in part on the Equine Activity Statute, which provides that an equine activity sponsor is granted immunity under the statute if certain conditions are met. One of those conditions is that a sign must be posted warning that the grounds or building is the site of equine activity.

The 4-H Club had these signs on all entrances to the Horse Barn and Perry acknowledged that she had seen the signs. The club introduced photographic evidence of the signs and established a prima facie case it maintained the proper signs. Perry failed to come forward with evidence the signs were deficient, the appellate court ruled in Teresa Perry v. Whitley County 4-H Clubs Inc., No. 92A03-1002-CT-101.

The appellate court also had to determine whether Perry’s injury resulted from an inherent risk of equine activities. There are several exceptions listed to the immunity spelled out in the statute, such as faulty equipment, but none of those applied in this case. The judges looked to other jurisdictions to determine whether and to what extent an equine activity sponsor may be liable for simple negligence alleged to have caused injury to a participant.

Indiana’s statute is silent on the place of sponsor negligence in the overall scheme of equine liability, noted Judge Margret Robb. But the judges concluded the General Assembly didn’t intend for the statute to abrogate the cause of action for common-law negligence of an activity sponsor.

“…if none of the Section 2(b) exceptions apply, then an equine activity sponsor is not liable for failing to use reasonable care to mitigate an already inherent risk of equine activities that ultimately resulted in a participant’s injury,” she wrote.

Perry’s injury falls under the statutory definition of inherent risks of equine activities.
 

ADVERTISEMENT

Sponsored by
2015 Distinguished Barrister &
Up and Coming Lawyer Reception

Tuesday, May 5, 2015 • 4:30 - 7:00 pm
Learn More


ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Annaniah Julius annaniahjmd@ymail.com Ashlynn Ong ashlynnz@hotmail.com Baani Khanna baani2692@gmail.com boatcleaners info@boatcleaners.nl DEBBIE BISSAINTHE bissainthe56@yahoo.com Diane Galvan dianegalvan@ymail.com Dina Khalid dina.shallan@gmail.com - dinashallan@gmail.com Donna Isaiah donnaisaiah@hotmail.ca donnikki donnikki@att.net Emily Hickman emilyhickman78@yahoo.com Emma emmanoriega18@yahoo.com estherwmbau2030 estherwmbau2030@gmail.com Freddeline Samuels freddeline.samuels@gmail.com Ilona Yahalnitskaya ilona10@optonline.net Jasmine Peters jasminepeters79@ymail.com Jessica Adkinson jessica.adkinson@gmail.com - jessicaadkinson@gmail.com Jimmy Kayastha doc_jim2002@yahoo.com Jonnel Tambio syjam1415@gmail.com Katarzyna katet2806@gmail.com Katie Ali katieali.rpn@gmail.com Leah Bernaldez leij1221@gmail.com linda sahar tarabay ltarabay65@hotmail.com Ma. erika jade Carballo mej_carballo1993@yahoo.com mark voltaire lazaro markvoltaire_lazaro@yahoo.com mawires02 mawires02@gmail.com Narine Grigoryan narinegrigoryan1993@gmail.com Richie Rich richie.2022@gmail.com siya sharma siyasharma201110@gmail.com Steven Mawoko rajahh07@gmail.com vonche de la cruz vonchedelacruz@yahoo.com

  2. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  3. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  4. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  5. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

ADVERTISEMENT