She rode on Salt, a 15 year thoroughbred gelding, which has been a schooling horse for GRS for about ten many years and that's regularly applied for lessons at all levels.
Mr. Church stated he doesn't know what happened but he assumes that the horse got away from her or she lost her balance. He noticed the day following the fall how the girth or under strapping on the saddle had a broken buckle. The saddle was GRS' regular school saddle. Mr. Church believes that no one checked the saddle, which have been on Salt during a previous lesson, ahead of Ms. Wing started her lesson. GRS did not have Ms. Wing sign a waiver type from its insurance carrier. GRS posted in its office on the premises a sign inside carrier which said that GRS would not be responsible for any injuries.
1. Whether EALA successfully limits GRS' and Mr. Church's liability.
2. Whether GRS and/or Mr. Church had been negligent toward Ms. Wing and had been the proximate result in of her fall and her injuries.
The answer to the very first question is most likely not. EALA does not render the owner or operator of a riding stable immune from liability for negligence. The answer to the second question is much less clear. It will depend over a facts adduced at trial.
The Michigan EALA became effective on March 30, 1995. You can find no reported decisions under it. Just before EALA, Michigan courts followed the traditional popular law rule that riders on horses assumed the risk that horses may well throw them. Elias v. Hess, 327 Mich. 323, 41 N.W.2d 884 (Mich. Sup. Ct. 1950). For non-Michigan cases indicative from the far more recent pre-EALA trend toward imposing liability on equine operators, see Galardi v. Seahorse Riding Club, 20 Cal.Rptr. 270, 16 Cal.App. 4th 790 (Cal. Ct. App. 1993) and Mounts v. Knodel, 83 Or.App. 90, 730 P.2d 594 (Or. Ct. App. 1986). The facts in Mount are similar for the information inside supply case. The rider was injured from a fall because of a broken left stirrup over a saddle. Elias is often a weak precedent for operators to rely on in view from the more than developments.
The enactment of EALAs in Michigan and elsewhere reflects a powerful public policy to encourage equine activities by limiting the civil liability of those people involved in such activities, in light on the simple fact that rising insurance costs and elevated litigation would put several equine professionals . . . out of business. EALAs put the idea of assumption of risk back into cases involving injuries related to horses. Carmel says how the replacement from the assumption of risk doctrine with that of comparative negligence has resulted in much more litigation for injuries related to equine activity. Michigan abolished the assumption of risk doctrine in Felgner v. Anderson, 375 Mich. 23, 133 N.W.2d 136 (Mich. Sup. Ct. 1965). Simply because 1980 comparative negligence has been applicable to Michigan negligence actions. Douglas v. Robbins & Myers, Inc., 505 F.Supp. 765 (D. Mich. 1980).
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