Legal Question in Civil Rights Law in New York

Horseback Roider Liability

Who is responsible for damages or injury incurred while riding on someone else's property? Landowner or rider? Does it matter if the rider has permission to ride on the property?

Thank you.


Asked on 3/15/06, 11:26 am

2 Answers from Attorneys

Stephen Loeb Law Office of Stephen R. Loeb

Re: Horseback Roider Liability

Usually there is an element of assumption of risk involved with horseback riding but there may be fault attribute to either or both parties, or neither. It depends on the sepcific circumstances which caused the injury but it is not simply a case of an injury's occurence creates liability. Negligence must be proved to hold a party liable.

Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.

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Answered on 3/15/06, 12:40 pm
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Horseback Roider Liability

There is no simple answer to this question; the circumstances of each case must be reviewed to consider whether the owner of the premises

acted as a reasonably prudent landowner would, and particularly, whether he had knowledge people were horsebacking on the property.

If the rider did not have permission, his status as a trespasser alone is not enough to absolve the landowner.

If the poperty is owned by a business involved with horsebackriding, and the injury occurred in

the course of that business, the status of the injured person as an employee, guest or customer etc., would be another important factor.

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Answered on 3/15/06, 12:47 pm


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