Legal Question in Personal Injury in Maryland

my 8 year old daughter was receiving hyppotherapy from a new program at a farm which was being contracted by her physical therapist. While on her second lesson, the horse bucked and threw her off the back. She broke tweo bones in her left arm. While riding, there were 4 adults with her, walking with the horse...when the horse went to buck, NOBODY did anything to help get her or prevernt her from falling. I saw the entire thing. This was a different horse from the first one and the entire lesson seemed to be disorganized. do i have the right to file a law suite. this is already a child with a chronic illness, since it is therapy, aren't they responsible


Asked on 10/15/09, 4:40 pm

1 Answer from Attorneys

Robert Sher Wagshal and Sher

The people in charge of this program have a duty to exercise reasonable care to provide safety for the participants. If they had knowledge of this particular horse's propensity to buck and nonetheless allowed your daughter to ride it, that would be one basis you might have for maintaining a lawsuit. If while accompanying your daughter they should have anticipated the problem and failed to act soon enough to remove your daughter from a potentially dangerous situation, that could also be a basis. One problem with a suit you might have is whether you were required to sign a release absolving the program from liability for this kind of event. I would be happy to discuss this matter further with you to help you determine if it is worthwhile to make a claim against them. There is no fee unless a financial recovery is obtained from the responsible party.

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Answered on 10/20/09, 5:07 pm


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