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Ask Lawrence N. Rogak, Insurance Atty You...

Lawrence N. Rogak, Insurance Atty
Lawrence N. Rogak, Insurance Atty, Lawyer
Category: Legal
Satisfied Customers: 1033
Experience:  26 years litigating important insurance and injury cases; well-known legal author
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My daughter worked at a barn about 4 years ago. The ...

Resolved Question:

My daughter worked at a barn about 4 years ago. The trainer put her on a young horse not fully broke it threw her off twice the second time it dislocated her elbow. As a result one are is not fully able to extend and is shorter then the other. She was about 19 at the time. Do you think we have any grounds to sue. the same horse hurt 3 other people after her. the last one about 3 weeks ago. the gentleman ended up in the hospital with multiple injuries
Submitted: 6 years ago.
Category: Legal
Expert:  Lawrence N. Rogak, Insurance Atty replied 6 years ago.

Depending on what State this occurred in, you may have a valid lawsuit for negligence. The owner and trainer have an obligation not to allow a rider on a horse unless that rider is experienced enough to handle a horse of that temperament. While there is some assumption of risk in activities of a recreational nature, the owner of the premises is obligated to ensure that the activity is no more dangerous than it appears to be. An unbroken horse with a history of throwing off riders should not be made available to a novice rider.

On the other hand, since you say that your daughter was working at the barn at the time, if the owner of the horse was also her employer, the workers compensation law may bar her from bringing suit and she will be limited to workers comp benefits.

If you need more information please provide more specifics, such as the State where this happened; whether your daughter was the employee of the horse owner; and whether she received any workers compensation benefits.

Lawrence N. Rogak, Insurance Atty, Lawyer
Category: Legal
Satisfied Customers: 1033
Experience: 26 years litigating important insurance and injury cases; well-known legal author
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