Legal Question in Personal Injury in California

personal injury

A friends horse got loose and there was nobody around but me. I tried to catch him and he kicked me in the elbow and crushed my bone, requiring two surgeries. The owner of the horse originally offered to pay my medical then she changed her mind. Is she legally obligated to pay my medical bills? Did I assume liability by trying to catch the horse? Does it matter that she initially offerred to pay my bills?


Asked on 10/26/07, 2:43 pm

2 Answers from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: personal injury

I cannot answer without a few more facts.

Where did it happen? When? Who was responsible, if anyone, for the horse being loose? How did it escape? Had the horse ever kicked anyone before? Was it on her property?

The problem here is known as "assumption of the risk". The law says that in certain circumstances you assume a risk, i.e. going to a hockey game and being hit by a puck, or sticking your hand in a

gorilla's cage at the zoo.

You ask excellent questions. I can't go much further in answering them without more information, but the chances are that there can be some recovery of your medical bills, as well as for pain and suffering.

Please either resubmit your question with these additional facts, or e-mail my office, and I'll try to give you a better perspective on your chances for recovery of medical bills, etc.

One thing jumps out at me, though, that isn't really a question of legality, but what kind of friend does this when you risk your health, and possibly your life saving her horse? Are you sure she is a friend? I'd hate to see how my enemies would treat me!

I'll await more info from you. Good luck!

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Answered on 11/05/07, 5:34 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: personal injury

The answers are as follows, in order. Probably not, unless she was negligent in allowing the horse to get out. Yes, you did assume the risks inherent in trying to recover the horse. No, it does not matter that she initially offered to pay your bills.

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Answered on 11/06/07, 12:26 am


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