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Post Info TOPIC: Couple can sue instructor over daughter's riding death


Grand Prix

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Date: Jan 13, 2011
Couple can sue instructor over daughter's riding death
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Thoughts?

A couple whose children were both killed in equestrian accidents can sue a riding coach for allegedly concealing the unfitness of the horse that threw their 17-year-old daughter to her death, a state appeals court has ruled.

Read more: http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2011/01/12/BAI61H7E2V.DTL#ixzz1AxW72enf



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Grand Prix

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Date: Jan 13, 2011
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I am sort of baffled with the parents' position here. It's a very terrible tragedy that both of their daughters were killed in equestrian activities, but it's a part of the sport. We risk death just entering the barn. Heck, we risk death waking up every morning if you want to look at it that way. It's kind of depressing, but it's true. I think that although the instructor may (or may not) have been ignorant as to the horse's condition, event officials cleared the horse to ride, and if the girl was at the point of competing, she should have been able to spot an unfit horse. Which brings me to my next point that just because a horse trips, does not mean it's unfit. If it "tripped over a hurdle" which I'm assuming means something like taking a spill over a jump, then that is probably no more the horse's fault than the riders fault. Furthermore, though there are no specifics on their first childs death, if she was riding her own horse, she has sole discretion over whether or not it is fit. I'm pretty sure most events make you sign a liability waver... for a reason.

It's a tragedy that these young girls lost their lives, but I don't see how it is anyone elses fault in this case.

-- Edited by Barnmouser Ash on Thursday 13th of January 2011 07:03:39 PM

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Date: Jan 13, 2011
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The problem lies with the head injury of the horse.
No vet had cleared the horse for competition.
Read the article from the paper and there appears to be negligence on the part of the trainer.

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Date: Jan 13, 2011
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After having read the article, oh yeah, if that's what the coach did and said, and there are two sides to every story, negligence hell yah. And you can't rely on the judgment of a 17 year old, their brains are NOT even CLOSE to being mature.

Figured I'd better actually qualify that statement, lest I be labelled as some sort of anti-teenager gal.  They've done many studies that indicate that the brains of teenagers do not process things like risks in the same way that adult brains do.

Interesting that they tried to sue the university after the first daughter died.


That being said, yep, I could die slipping on the ice on my sidewalk. Might as well do what I love and deal with it. However, I do wear a helmet. Life insurance and a will so that the horses will be taken care of...

-- Edited by MagsNMe on Thursday 13th of January 2011 10:39:47 PM

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Grand Prix

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Date: Jan 13, 2011
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Mags: Though I do agree that teenagers minds are not developed to the point that an older persons brain is developed, I don't think that's an excuse. I myself am nearing 19, and feel that I can make educated judgments on whether or not a horse is sound, and if I'm not sure, I have the common sense to ask someone or several people who would be able to tell. I don't mean to brag about myself, because I do know several people my age or younger who are very capable of making educated decisions specifically regarding safety. I think that in general, sure, teenagers and young adults don't have the physical brain development that an older person might have, but I don't think it's fair to blanket everyone under that generalization.

That being said, I don't *not* blame the trainer, but I also don't *not* blame the rider. I just don't see how the parents can sue the trainer, if the horse truly was unsound, when there are other people at fault such as event officials who cleared the horse. Regarding the first daughter's death, I just don't see how it's the university's responsibility if it was her horse and she signed a waiver. Of course I can't say those things because I don't have facts, so I'll leave it at that.

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Date: Jan 14, 2011
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The parents own a barn. Presumably they are horse people. As responsible parents - they are the ones that call the shots.

My son rides - he jumps - and rides cross country. I am aware of what is going on with his horse. If I have concerns I say 'no'. And the coach does not trump me. There are many things they could have done to keep that horse from competing. It was plain foolish to let that horse compete...

I'm sure the parents are in a lot of pain and I am sorry for their loss....I don't doubt that....but the whole suing thing...?????? I can't get my head around it.

If you're a horse person, you know - horses are big unpredictable, and getting on their back and riding is high risk....fortunately most crashes result in little more than bruised egos...but there are those times...those freak falls....any reasonable person knows there's the chance that we may be injured or killed...but hey...it's more than a sport it's a love and a passion...that leads me to say 'if I get hurt ...so what.' And I'm guessing most horse people feel pretty well the same



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Grand Prix

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Date: Jan 14, 2011
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Well said, GG.

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Date: Jan 14, 2011
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When the parent signed permission for the girl to ride, it was with the knowledge of the dangers of riding. When she protested over the phone about participating, that should have been the end of that permission. When she turned up and allowed the girl then to enter, regardless of what the coach said, she was again giving permission. If she had not allowed the girl at that point, then the coach could have been in serious trouble by allowing the girl to carry on. The girl is too young to be totally responsible for such a decision. A nineteen year old is an adult in this country and could, and could sign a waiver for herself. In the US I think she would have to be 21 to legally be responsible and sign. I don't think the coach or the parent could be considered qualified to predict what eventually happened. Even a vet, if they had examined the horse, might not have been able to predict with much certaintly that the horse was safe or not, unless it was showing obvious signs beforehand. This was a tragic accident, perhaps the parents are trying to avoid their own sense of guilt by suing someone else.

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Date: Jan 14, 2011
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To clarify, I never indicated that a 17 year old was unable to determine the soundness of a horse, I indicated that their perceptions around risk are different, and this is the crux of the matter.

Since it was indicated that the trainer engaged in deceit, and had a duty of care to the parents, that is likely the reason that the suit has been allowed to proceed.

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Date: Jan 15, 2011
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MagsNME is right. Teens, no-matter the age, DO perceive ricks differently. I being 17 and My Dad being 52 have WAY different views on risks. I am more apt to take the risk, and go for it, while my Dad is more likely to say no, not happening because it's not worth it to him. I also know a 14 year old who, has no sense of fear, and wouldn't perceive potential risks, while I am more cautious(mostly because I'm a nervous person). Even three years in teens can make a big change in perspective.

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Grand Prix

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Date: Jan 15, 2011
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I have to agree with you Mags, I misinterpreted your first post, apologies :) I do still think though that there are more people at fault here than just the trainer, though.

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Date: Jan 16, 2011
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I read a more detailed account of what happened in the whole situation. While on the course this horse refused three jumps, not sure how many he took, and would have been disqualified, but tripped on that particular jump, then fell on the rider. Competitive riders naturally want to "push through" problematic behaviors, hundreds have done it before. Sometiimes this approach results in injury to the horse or rider. If any fault were to go to the trainer, (or parents), it was that they did not teach this rider to listen to her horse. If he was normally a happy jumper and refuses three jumps, regardless of his previous injury, someone should have said, that's it, we don't push him. The horse knew he wasn't right, and was sending big signals, no one was listening. It can be a painful and rarely fatal mistake. Whether you can hold the trainer legally responsible for that, I don't know. I have taught my own sons that when they take part in any physical activity, they listen to their own selves and never do something at someone elses bidding (especially teachers and trainers) if they don't feel physically capable. I would teach them to use the same principle with their horse if he doesn't seem willing to do something risky (if they were riders). I have had a couple of instances where my own horse refused to do something, and if I paid proper attention discovered he was actually right. Once  the girth had loosened before we were heading up a hill. Once he was developing laminitis and suddenly refused to go over certain terrain that he normally did fine. Several times he has detected wildlife in the bush before we ever got there, if it were a bear, I'd be happy to have that kind of radar. I have gradually caught on that the guy is smarter than me, and if I go against his grain, I had better be sure he isn't right first.
 Launching a thousand pound animal over a jump with a rider on his back? Better listen to your horse.

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Grand Prix

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Date: Jan 16, 2011
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Very well said, Marlene.

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Date: Jan 18, 2011
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Such bad reporting who can tell??? A horse with a 'concussion'...what? at a race course??? So, they can sue, but to what end? I know a international trainer who sold a horse, and a year later the horse fell over, pinned woman to wall, she died. Husband sued, and lost.

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Grand Prix

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Date: Jan 18, 2011
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I am certainly not unsympathetic to losing not one but two children! I can't imagine, really. I appreciate that these folks did not inhibit their second child from a sport that cost them so much. I am sure many parents would have flat out said NO to anything even distantly related. Can't say as I wouldn't!

But.
In the horse world, rule number one with no questions asked: Manure happens and it spreads when y'step in it.

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