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
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

  2. Hi I am Mr Damian Parker the creditor of Private loans, and I'm here to make your dreams come true to get a loan. Do you need a loan urgently? Do you need a loan to pay off your debts? Do you need a loan for expansion of your business or start your own business, we are here for you with a low interest rate of 3% and you can get a credit of 1,000 to 100,000,000.00 the maximum loan amount and up to 20 years loan duration. Contact us today for more information at dparkerservices@hotmail.com

  3. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

  4. JLAP and other courtiers ... Those running court systems, have most substance abuse issues. Probably self medicating to cover conscience issues arising out of acts furthering govt corruption

  5. I whole-heartedly agree with Doug Church's comment, above. Indiana lawyers were especially fortunate to benefit from Tom Pyrz' leadership and foresight at a time when there has been unprecedented change in the legal profession. Consider how dramatically computer technology and its role in the practice of law have changed over the last 25 years. The impact of the great recession of 2008 dramatically changed the composition and structure of law firms across the country. Economic pressures altered what had long been a routine, robust annual recruitment process for law students and recent law school graduates. That has, in turn, impacted law school enrollment across the country, placing upward pressure on law school tuition. The internet continues to drive significant changes in the provision of legal services in both public and private sectors. The ISBA has worked to make quality legal representation accessible and affordable for all who need it and to raise general public understanding of Indiana laws and procedures. How difficult it would have been to tackle each of these issues without Tom's leadership. Tom has set the tone for positive change at the ISBA to meet the evolving practice needs of lawyers of all backgrounds and ages. He has led the organization with vision, patience, flexibility, commitment, thoughtfulness & even humor. He will, indeed, be a tough act to follow. Thank you, Tom, for all you've done and all the energy you've invested in making the ISBA an excellent, progressive, highly responsive, all-inclusive, respectful & respected professional association during his tenure there.

ADVERTISEMENT