Can I sue for a horse bite injury that occurred on private propertyin a casenot covered by equine professional liability?

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Can I sue for a horse bite injury that occurred on private propertyin a casenot covered by equine professional liability?

I was pet sitting for friends who were out of the country. They never advised me that one particular horse had sent them to the ER numerous times from injuries due to bites. I was advised to feed the horses treats from my hands as I have done numerous times. Serious injury followed. Friends took full responsibility for it, put it in writing that they were at fault, and would pay all. Then refused. Lawsuit filed. My attorney is out of town. Their lawyer says equine liabilty protects them even though they are not professionals or sponsors, had no signed release, and no warning signs posted.

Asked on May 31, 2011 under Personal Injury, Tennessee

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Do not get frazzled by what your friends or their attorney say at this juncture.  That is their "theory" on defense and may or may not have any bearing at all.  They have to take a stance.  It is their job.  But may I ask, if they are relying on that theory do they have the insurance that I am sure is required?  Ask your attorney if they are considering themselves as such under their theory of the law are they violating any local laws or ordinances?  I doubt that they want any criminal violations on their record.  You have an admission and a record of the horse's prior acts on your side.  Take a deep breath and wait for your attorney to come back.  Good luck.


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