Injury
Client suffered a fractured spine when she fell from a horse during a horseback riding lesson, requiring two (2) surgeries and multiple physical therapy and chiropractic treatment sessions.
Challenge
Defendant riding instructor claims immunity under the Massachusetts Equine Statute, as well as a Release signed by Client prior to beginning the lessons. Client argued that her claim fell outside the scope of both the statute and release, because her injuries occurred as a result of being instructed to ride on an unsuitable horse and the use of defective tack, both of which were selected by the Defendant. Specifically, the defendant replaced a standard grab strap with a piece of athletic equipment, much like a bungee cord, which offered less stability to the rider. When the horse took off into a canter, the Client was unable to steady herself on the horse, due to the stretchy grab strap, causing her fall.
Result
Plaintiff’s Counsel (Bowser Law) succeeded on a Motion for Summary Judgment, wherein the Court ruled that defective tack and an unsuitable horse were exceptions to the Massachusetts Equine Statute and release, and that such claims constituted negligence issues to be determined by a jury. Settled at mediation prior to trial for $197,500.00