Conference noted::equitation

1681.0. "New MA. Law on liability" by MR4SRV::MSHAMEL (Marsha Shamel) Mon Nov 09 1992 14:13

The Massachusetts Legislature recently passed a new law - Chapter 128, section
2D.  

Without quoting four pages of definitions, the new law takes 'liability'
out of equine activites.  Negligence is still in but liability is out.
Let me explain.

The law says that all the people it defined in the first two pages (basically
every one who touches a horse), involved in all the activites it defined (again
basically everything you can do with a horse) "shall not be liable for an
injury to or the death of a participant resulting from the inherent risks
of equine activities and, except as provided in subsection 3 of this act,
no participant nor participant's representative shall make a claim
against, maintain an action against, or recover from an equine activity
sponsor, an equine professional, or any other person for injury, loss, damage
or death of the participant resulting from any of the inherents risks of
equine activities"

Subsection 3 allows for negligence:  Knowing that the tack was faulty, not
ascertining the ability of the rider (putting a beginner of a 3 year old), or
not alerting the person of dangerous conditions of the land.

But basically, the intent is that you cannot be sued it your horse spooks
and injures someone.  The spooking is an 'inherent risk'.

I am thrilled about this new law - it starts to put some sense back into
the world.  If I am negligent, sue me. But if it is a legitimate accident,
it is just that - an accident, with no liability.

Reprints of the law are available from the
	Mass Farm Bureau Federation
	PO Box 651, 15 Great Road
	Bedford, MA  01730
	617-275-4374

    
    
    That sounds great!! 
    
    But realistically, there is always a way for someone to sue and get
    around the stated law, I know, my family has enough lawyers in it to
    know that regardless if I sign something saying I don't hold anyone
    responsible, there is always a way to get around it.

    re .1
    
    Yes, but it is much more difficult to show negligence under this new
    law unless it really existed.  The previous law, for all practical
    purposes, assumed you were negligent simply by the fact of keeping a
    horse.                                          

    We've had such a law on the Colo books for a couple years now, and
    the liability rates have come down significantly.  The law basically
    recognizes "inherent risk" in equine activities.

>    	The Equine Journal has an M.A.S.O.O.I (what does this stand for?)

	I believe it's
	Massachusetts Association of Stable Operators and Owners, Inc
	or something to that effect...