How is liability for an accident determined?

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How is liability for an accident determined?

An adult rode one of our horses at a near by arena that is owned by the city. The horse threw her off and she suffered a concussion. Her insurance says that they have to file the medical claim through our insurance. Our homeowner’s policy will not cover the expenses because the accident did not occur on our property. Our insurance said that she was on public property with posted signs stating state law about rider assumes all risk involved with equine activities. Are we liable for her medical expenses?

Asked on March 4, 2014 under Personal Injury, Colorado

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

As the owner of the horse, you would be liable for an injury caused by the horse.

Your liability would include the rider's medical bills, pain and suffering, and wage loss.  Compensation for the medical bills is straight reimbursement.  The medical reports which document the nature and extent of the injury will be used to determine pain and suffering, which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement. 


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