Will $1.2 Million Wrongful Death Award Prompt Regulation of Equine Businesses?
23. Dec, 2009 
7 Comments
From The Billings Wyoming Gazette, Joshua Wolfson of the Casper Star-Tribune posted this story on December 17.
CASPER — A Jackson lawyer who won a $1.2 million verdict for the family of a woman who died while horseback riding hopes the judgment prompts a review of safety standards in Wyoming’s equine industry.
Attorney Gary Shockey said Wyoming law has until now given outdoor recreation companies almost blanket immunity from lawsuits concerning wrongful death and injuries…A federal jury awarded the verdict last week after an eight-day trial in U.S. District Court in Casper.
The case stemmed from the death of Kristina Barkhurst, a 21-year-old college student who died after she was thrown from a horse in January 2006. At the time of her death, Barkhurst was receiving training in natural horsemanship. She was a student of Patricia Skinner, then a Wyoming resident, who operated a business near Burns called Harmony Horsemanship, according to court documents filed by Shockey. Barkhurst’s parents and brother filed suit against Skinner last year alleging wrongful death.
After deliberating over two days, jurors awarded Barkhurst’s family $1.2 million. In the wake of the verdict, Shockey hopes the state’s equine industry will become more self-regulating.
“Equine providers are not regulated at all,” he said.
“All you have to do is say you are an expert at horseback riding and you can give lessons and take people out. There are more regulations for people who cut hair or do pedicures.”
Shockey doesn’t expect the verdict to have a chilling effect on recreational business owners in Wyoming who are already enforcing safety guidelines.
“Good, careful, qualified, competent businesses don’t have to worry about that,” he said.
In her e-mail, Lewis said she doesn’t know what kind of effect the verdict might have on the equine industry. Lewis also said she doesn’t know whether the family will appeal because there are still some motions pending in the case.
Accidents happen. In the last few years, I have heard of no less than four pretty bad wrecks in clinics with big name trainers. I wonder how many cases were settled out of court. This begs the question of how many injuries lesser-known clinicians and trainers’ students experience. What do you think?
For more on this subject, see also, Every Yokel With A Rope Is A ClinicianEvery Yokel with A Rope is a Clinician.
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Kim, I really don’t have enough hours in the day to read all the really interesting articles you write. I really need to get other chores accomplished! I read this article and followed a number of other links, mostly about training but I really enjoyed the Equestrian Vanity (we all gotta have SOME fun!). And my mind is bowling over with a lot of thoughts, more than I can go into here. Thank you for giving me a lot of insite. Mostly the idea of ‘natural’. Last spring I tried taking my art to do a show and I chose the NRHB Classic. My husbands reaction was incrediable. In a nutshell he said if he had to hang around people who make thier horses do that he wouldn’t hang around horses at all. It was the peanut roller thing he hated. “A horse is suppose to carry his head high and proud”. Now, that may sound like just a simple remark, but there is a lot more into. The articles about “everyone is a trainer”, about human vanity vs what is interesting to the horse, really does bring to to realize there is no set training. It is like raising kids, or training dogs (dogs, kids, horses – they are all the same, they are only as smart as you allow them to be). Larry (hubby) has always been stubborn about these “teachers” and I eventually always realize he is right. You do a lot of thinking and you do what is right for YOU and your horse. Although I realize some people think shoes are right…..Bruce Lee studied classic Wung Fu but he said what is right for each person is to take from each disapline and use what works for you, knowing that Ju Jitsu doesn’w work for everyone, neither does Kung Fu, Karate or Tae Kwon Do. I studied martial arts for several years and what alway bugged me about martial art schools is that EVERY sifu and sensi had some little change that THEY thought of and therefore perfected the art. To me it was all about ego “Look at ME!”. I feel most of this dressage compititon and other such is like that – all about ME the person (see what I can make this horse do), and this includes the Parelli’s. I am sure they love thier horses and DO have some good ideas. It’s just that horses are alive and hone cannot 100% predict a living creature, hence there will always be accidents. Larry and I spend a lot of time touching our animals. Shadow our heeler can attest to this, and Harmony and Tobi are learning fast. OK, so this wasn’t short. Thanks for your articles and keep writing, I enjoy a lot (not 100% *smile*) of your thoughts.
Hi Kerry
Once in a blue moon, a reader will comment with the same attention and care with which I write a piece. Or in this case, cut and pasted. But you know what I mean. It’s this kind of dialog every blogger desires, isn’t it? Thank you so much for taking the time to write.
Larry has an excellent point about those poor Western Pleasure horses. Posture affects the limbic system, and I fear their joy is quashed by the position they are required to hold. So sad.
There is a dichotomy there with the sensei/trainers and the development/pollution of an art. Folks taking an idea and adding to it/changing it is the only way ideas can progress. The only way this can happen is if there is at the core an element of ego. Some approach from a place of humility and others not so much. I don’t think this is the issue I refer to in the clinician piece.
Beginning to teach without proper training, without a prescribed means of “transmission” of knowledge has always been a problem. Hence the ongoing debates regarding systematization of of study for trainers, etc. The same holds true for businesses like whp’s, where there is little regulation. On the other hand, regulation can stifle, There is no easy answer, because as you say, horses are ALIVE. They are the wild card that introduces the unavoidable element of risk that makes this business so desirable in the first place.
I’m glad there is a lot of touch at your place. As far as I’m concerned, it’s the best way to communicate with animals.
I am also delighted you are enjoying reading posts here. One way I read the blogs of those I have recently discovered: I read the current day’s post, and then choose another older post at random. It takes a while to catch up, but it’s great reading.
I am VERY curious about what you DON’T agree with. If you’re willing to share, I would very much appreciate it. So few people comment on what they disagree with. That would make for excellent conversation.
Have a Merry Christmas. I wish you the best in the new year–especially with all that you and Larry are going through. May you experience a miracle. And thank you so much for your participation here.
If one runs a careful, professional estabishment, accidents are less likely. But, despite all the thought and care, they still happen. I know that from running a riding holiday centre. I know that now also from working for a major transportation company with an excellent safety culture and a management committed to avoiding accidents. Eventually, despite all the care possible, someone will be hurt.
What I know too is that there is no shortage of parasites and vultures who will try to make a claim based on the smallest thing. I’ve had a claim made because the tour bus got a puncture, and a guest suffered “loss of enjoyment”. (Though the driver got them all on the road again very quickly.) I’ve seen a complete idiot who lied about his ability deliberately canter a horse into another (from malice?), get kicked, and try to claim money from me.
Once you start to see claims made for injuries that happen around horses – and supported by the courts – accept that riding will get more expensive (to pay for the insurance) and that providers will become risk averse. Internationally, American riding holidays already have the reputation that “guests only walk because outfitters are afraid of litigation.” Well, that’s about to get worse. Then I could add comment on $100,000 settlements against European outfitters for minor injuries (sprained wrist and the like) that were acknowledged as “no fault.” I know of at least one outfitter bankrupted by a mendacious claim.
All too often the settlement occurs because the outfitter cannot afford a proper defence. Not because he or she is at fault, but because he or she hasn’t enough money. (Is there a parallel with healthcare?)
How to separate “duty of care” from risk inherent with working with horses? Well, it looks like that one needs to be resolved, and quickly. In many countries, legislation will suffice. In the UK and the US, where legal precedent matters, things are trickier. It seems like perhaps a national equestrian employers’ body could represent outfitters and trainers who are members. Certainly something needs to happen. Otherwise, kiss goodbye to your equestrian industry as you know it.
Liability issues are one reason why I don’t work with horses anymore. I was good, and safe, but someone with a hotshot lawyer could have screwed me over something minor that was not my fault. Better to do an interesting office job where I work 40 hours a week for a good salary and keep horses for a hobby.
Oh, and I walked into town today – half a mile. The sidewalks were a sheet of ice. Why? Because, if one leaves the sidewalk outside one’s house or office untouched, it’s no-one’s fault when a pedestrian fals down. But if one sweeps the snow away and puts down grit, and still someone slips over, suddenly one is liable. Who wants a $100k settlement for making the effort to sweep the sidewalk. Welcome the new world order where civil society is obsolete.
In the United States of Subjection (a critical-theoretical construct), the ONLY “power” remaining to the individual is that of litigation. The political economy & the oligarchs that run it have stripped individuals of all other means of redressing injustice & social inequity–& they are doing everything they can to take away the right of the individual to sue (under the euphemistic rubric of “tort reform”).
Why should businesses operating horse-
riding facilities be exempt from tort ligitation? There is no logical reason for such businesses/operations to be excluded from civil statutes & tort actions.
If negligence, contributory or otherwise, can be deduced & produced as evidence, then those responsible for injury ought to be liable–& held to some measure of justice & redress.
those who wer enegligent
W
Shoshin
I think your comment was accidentally truncated. I am so glad to see you here again.
I do not believe horse businesses should be exempt from litigation when true neglect or ill intent an be proven. As I have said before, there are too many so-called “experts” out there plying their trade to avoid neglect as a concern.
However, the constant search for power of any kind is a symptom of the West’s self-delusion. Sadly, there is no way at present to bring this to the awareness of the masses.
I am so glad that this case was taken seriously by the courts. And even more greatful that this family was blessed to find Mr. Shockey. Most attorney’s are not this brave! I agree that many cases never see the light of day. The equine activities facilities have been given a “get out of jail free card” awarded to the dude ranches, trainers and others. I agree that moral professional business deserve some protection from frivalous cases. However, in cases like mine where I was sent out with an inexperienced wrangler and a personal catastrophy accured there should be some accountability. The ranche’s response even before I was out of intensive care was ” you know you can’t sue us because of the Colorado equine activities protection”. As serious as my event was it never even made the local paper, so how is one to make an educated decision about the safety of the the event sponsor? How can they get away with releases that say you can’t sue for ANY thing that happens. I understand “inherent risk”, but why does the ranch or wrangler get complete protection from negligence or dangerous choices made by their staff? For the $35 cost of a 4 hour ride & a meal, my life was changed forever. These blanket imunity protections make it so the offending parties are fearless and overtly negligent. They feel they have nothing to loose and people like me visiting the state…we have everything to loose, we just don’t know it until something terrible happens. Anyone know a reputable courageous Colorado attorney?
Nancy
I am so sorry to hear you story. I wish you the best of luck in finding an attorney wit the courage and know how to help you recover at least the money to cover your medical costs. You ask some really good questions:
• how is one to make an educated decision about the safety of the the event sponsor?
• why does the ranch or wrangler get complete protection from negligence or dangerous choices made by their staff?