| Michigan equestrian injury lawyers and horseback | | | | manage the particular equine. . . |
| riding lawyers representing clients injured in equestrian | | | | (c) Owns, leases, rents, has authorized use of, or |
| activities, like horseback riding and other events at | | | | otherwise, is in lawful possession and control of land |
| horse stables, must have a complete knowledge and | | | | or facilities on which the participant sustained injury |
| understanding of the laws regarding those types of | | | | because of a dangerous latent condition of the land |
| lawsuits. The types of injuries from these incidents | | | | or facilities that is known to the equine activity |
| are often severe, like traumatic brain injuries, spinal | | | | sponsor, equine professional, or other person and for |
| cord injuries, and serious orthopedic injuries. | | | | which warning signs are not conspicuously posted. |
| In many cases, the injured person cannot file a claim | | | | (d) COMMITS A NEGLIGENT ACT OR OMISSION |
| because the legislature has made horse stables and | | | | THAT CONSTITUTES A PROXIMATE CAUSE OF |
| owners of horses "immune" from lawsuits. There are | | | | THE INJURY, DEATH, OR DAMAGE. |
| certain exceptions to these laws that do permit | | | | In order to pursue a case involving a horse riding |
| lawsuits. The State of Michigan has specifically | | | | injury in Michigan, it is essential hire a Michigan |
| addressed and provided specific immunities to | | | | equestrian injury lawyer or Michigan horse riding injury |
| Defendants who are sued as a result of horse riding | | | | lawyer shortly after the incident, before evidence is |
| injuries to others. The Michigan Equine Activities | | | | lost and witness memories fade. It is not uncommon |
| Liability Act provides in pertinent part that: | | | | for a potential Defendant to discard or misplace the |
| The Michigan Equine Activities Liability Act provides in | | | | equipment used on a horse at the time of an incident. |
| pertinent part that: "Except as otherwise provided in | | | | We specifically dealt with a case where the |
| Sec. 5, an equine activity sponsor, an equine | | | | equipment was simply put back in a barn with all of |
| professional, or another person is not liable for an | | | | the other Defendant's horse equipment, making it |
| injury to or the death of a participant or property | | | | almost impossible to distinguish the equipment used |
| damage resulting from an inherent risk of an equine | | | | at the time of the incident. |
| activity." MCL 691.1661, Emphasis added. The broad | | | | An early investigation and site inspection is essential |
| exceptions to the general rule of non-liability are set | | | | to preserving key evidence. Position of the horse, |
| forth in Sec. 5. Sec. 5 states in pertinent part that: | | | | rider, other horses, and other riders may prove to be |
| "Sec. 3 does not prevent or limit the liability of an | | | | pivotal in a Michigan horse case. Memories regarding |
| equine activity sponsor, equine professional, or | | | | the location of the incident will surely fade over time. |
| another person if the equine activity sponsor, equine | | | | Configuration of the property, including location of |
| professional, or other person does any of the | | | | corrals and mounting areas, may change over time. |
| following: | | | | To the extent that the case involves a closed head |
| (a) Provides equipment or tack and knows or should | | | | injury, a client may not be in a position to remember |
| know that the equipment or tack is faulty, and the | | | | pertinent facts that would assist in the litigation |
| equipment or tack is faulty to the extent that it is a | | | | process. |
| proximate cause of the injury, death, or damage. | | | | Early retention of equestrienne safety experts (when |
| (b) Provides an equine and fails to make reasonable | | | | expert testimony is necessary will add significant |
| and prudent efforts to determine the ability of the | | | | value to the lawsuit and provide necessary testimony |
| participant to engage safely in the equine activity and | | | | to avoid summary dismissal of a lawsuit by a trial |
| to determine the ability of the participant to safely | | | | judge. |