Legal Question in Civil Rights Law in New York
Horseback Roider Liability
Who is responsible for damages or injury incurred while riding on someone else's property? Landowner or rider? Does it matter if the rider has permission to ride on the property?
Thank you.
2 Answers from Attorneys
Re: Horseback Roider Liability
Usually there is an element of assumption of risk involved with horseback riding but there may be fault attribute to either or both parties, or neither. It depends on the sepcific circumstances which caused the injury but it is not simply a case of an injury's occurence creates liability. Negligence must be proved to hold a party liable.
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Re: Horseback Roider Liability
There is no simple answer to this question; the circumstances of each case must be reviewed to consider whether the owner of the premises
acted as a reasonably prudent landowner would, and particularly, whether he had knowledge people were horsebacking on the property.
If the rider did not have permission, his status as a trespasser alone is not enough to absolve the landowner.
If the poperty is owned by a business involved with horsebackriding, and the injury occurred in
the course of that business, the status of the injured person as an employee, guest or customer etc., would be another important factor.
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