Hard Lesson – Defendant Riding School Not Liable for Child Bucked from Horse (NY)

by

Quintanilla v. Thomas School of Horsemanship, Inc. (New York)

A minor child was thrown from a horse while taking an intermediate horse riding lesson, and her mother filed a lawsuit against the horse riding facility.  The defendant filed a motion for summary judgment, contending that the claim was barred by the doctrine of primary assumption of risk.  The trial court denied the motion, but the decision was reversed the the Appellate Division of the Supreme Court.

Prior to the child’s participation in the riding lesson, her parents signed a “Camp and Riding Instruction Agreement and Liability Release,” which warned that the facility’s horses could react if they were frightened or provoked.  During the child’s lesson, several horses came in close proximity to one another, and one of the horses kicked a wooden fence or gate, causing the child’s horse to rear up and throw the child off.  The Court explained that “[t]he risks of falling from a horse or a horse acting in an unintended manner are risks inherent in the sport of horseback riding.”  As such, the defendant was entitled to judgment as a matter of law.

Leave a Reply

Please log in using one of these methods to post your comment:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s


%d bloggers like this: