About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

LOG IN
LOG IN


16 Drake J. Agric. L. 359 (2011)
Did Equine Liability Acts Save the Horse Industry

handle is hein.journals/dragl16 and id is 363 raw text is: DID EQUINE LIABILITY ACTS SAVE THE HORSE INDUSTRY? Jacqueline Sweet I. Progression of Liability that Led to the Formation of Equine Liability Laws .............................................. 361 II. Elements and Application of Successful Equine Liability Laws......... 363 III. Problems with the Current Equine Liability Laws ........ ......... 369 IV. Conclusion ............................................ 372 There is an old cowboy saying that it is not enough to know how to ride; he must also know how to fall. Although this saying is not meant to be literal, it maintains its applicability because it is true. Odds are, people who are around horses often-either for work or recreation-will at some time get hurt as a result of this interaction. Handling horses can be a dangerous activity. Horses, although considered domesticated, are still animals with minds of their own.' These animals maintain a strong herd mentality and a developed flight instinct at perceived dangers.2 These instincts, combined with the fact that horses often weigh over one thousand pounds, run at speeds of up to forty miles an hour, and have an arsenal of dangerous reactions-including the ability to bite, kick, buck, rear, and trample-make equine activities a risky endeavor.' It is estimated that, in the United States, there are 23,000 people under the age of twenty injured in equestrian related accidents each year.4 The most * J.D., Drake University, 2011 and B.A., Michigan State University, 2008. 1. See Heidi Walson, Detailed Discussion of the Equine Activity Liability Act, MICH. STATE UNIv. DETROIT COLL. OF LAw, ANIMAL LEGAL & HisT. CTR. (2003), http://www.animallaw .info/articles/dduseala.htm. 2. Jennifer Dietrich Merryman, Bucking the Trend: Why Maryland Does Not Need an Equine Activity Statute and Why It May Be Time to Put All of These Statutes Out to Pasture, 36 U. BALT. L.F. 133, 133 (2006). 3. Id.; Children's Safety Network, Equestrian Safety Fact Sheet, MARSH FIELD CLINIC, I (May 2005), http://www.marshfieldclinic.org/proxy/MCRF-Centers-NFMC-nccrahs-resources-fa ctssheets-equestrianSafetyMay2005. 1.pdf. 4. Children's Safety Network, supra note 3. 359