Lesson
Two Quiz
a) Big Thang takes horses on consignment for sale. A trainer brings Big a show hunter and tells him
that she needs to sell the horse quickly because he has “some soundness
issues.” Big doesn’t want to know the
details because it will make the horse harder for him to sell. One of Big’s
training clients, who has hired him to find a horse
for him, falls in love with the horse, who isn’t obviously lame. Big collects a commission from the client and
from the trainer, and everyone is happy (especially
Big!). That is, they are happy until two
weeks later when the horse turns up dead lame with navicular.
b) At your saddlery, Gosh I Can’t Believe It’s So Expensive, you sell
a custom-made roping saddle to Milton Megabucks. Milty has the worst
luck – the first time he rides in the saddle, the rigging gives way and once
again, he lands in the dust. Upon close inspection,
the rigging is found to be defective and the defect would not have been
obvious.
c) Pricey
Ponies is located in a state with an equine activity statute and has complied
with all notice and signage requirements.
I.B. Whiney’s cousin, Lotta
Whiney, is taking a lesson on Metronome, Pricey’s
most reliable pony. While unsaddling,
Metronome steps on Lotta’s foot, breaking it in two
places.
d) After a
series of unfortunate settlements, Pay to Play has hired an equine attorney to
draft a custom liability release, and it has put procedures in place to make
sure that every customer signs a release. Pay to Play has permission from a
neighboring ranch to ride on its land.
The land is unoccupied. However,
one August morning, the wranglers leading a ride discover that the Burning
Woman Festival has moved onto the land, complete with fireworks. One of the customer’s horses spooks at the
fireworks, throwing the customer.
a) Pasture
partially fenced in barbed wire
b) Turnouts
fenced with T-posts
c) Stalls
with rotted boards
d) Tractor
parts stored in the pasture
e) Grain
storage that would be freely accessible to a loose horse
f) Hay
improperly stored in the barn loft above the horses
g) Dogs with a history of chasing horses
h) Hay fed
directly on the ground to horses in sand corrals
i) All of
the above
Please e-mail answers
to: mailto:rachel@equinelegalsolutions.com