Equine Issues

PA - Philadelphia - Chapter 10-100 Animals (Stables, Horse Ownership, Sale of Horsemeat - Secs. 10-107 - 10-108.2.)

Summary:

These Philadelphia, Pennsylvania ordinances require a person to obtain a license for operating a commercial stable; for renting a horse; for operating a horse drawn carriage, and for owning a horse in general. Not only do these ordinances provide information on how to obtain these licenses, but they also include horse care standards for each respective license. Penalties for violating these provisions and a prohibition on the sale of horse meat for human consumption are also included.

These Philadelphia, Pennsylvania ordinances require a person to obtain a license for operating a commercial stable; for renting a horse; for operating a horse drawn carriage, and for owning a horse in general. Not only do these ordinances provide information on how to obtain these licenses, but they also include horse care standards for each respective license. Penalties for violating these provisions and a prohibition on the sale of horse meat for human consumption are also included.

NM - Santa Fe County - Impounding Horses- Chapter 95: Animals (Secs. 95.24, 95.75 - 95.78)

Summary:

Under these Santa Fe County, New Mexico ordinances, if an animal control officer finds that a horse has been abused as stated in these provisions, then the officer will issue the owner a citation and may place the horse in the custody of a caretaker. Furthermore, these ordinances provide provisions on how the owner can petition a court   to return an impounded horse, as well as the fees and penalties a horse owner may face for violating these ordinances.

Under these Santa Fe County, New Mexico ordinances, if an animal control officer finds that a horse has been abused as stated in these provisions, then the officer will issue the owner a citation and may place the horse in the custody of a caretaker. Furthermore, these ordinances provide provisions on how the owner can petition a court   to return an impounded horse, as well as the fees and penalties a horse owner may face for violating these ordinances.

MN - Minneapolis - Title 4: Animals and Fowl (Chapter 76 - Stables) and Title 13 - LICENSES AND BUSINESS REGULATIONS (CHAPTER 303. HORSE AND CARRIAGE LIVERY SERVICES)

Summary:

In these Minneapolis, Minnesota ordinances, a stable or assembly/transfer facility is used exclusively for the purposes of keeping horses used in a licensed horse and carriage livery service. Any horse kept in a stable or an assembly/transfer facility must be registered with the Department of Licenses and Consumer Services and must meet the standards of a veterinary examination and certification. Requirements for the construction and operations of a stable or assembly/transfer facility are also provided, as are the provisions for the operations of a horse and carriage livery service.

In these Minneapolis, Minnesota ordinances, a stable or assembly/transfer facility is used exclusively for the purposes of keeping horses used in a licensed horse and carriage livery service. Any horse kept in a stable or an assembly/transfer facility must be registered with the Department of Licenses and Consumer Services and must meet the standards of a veterinary examination and certification. Requirements for the construction and operations of a stable or assembly/transfer facility are also provided, as are the provisions for the operations of a horse and carriage livery service.

DE - Newark - Chapter 5: Animals (Article II: Horses)

Summary:

In Newark, Delaware, a person is prohibited from riding, driving, or leading a horse on the city's sidewalks, but may ride a horse on a city street's bicycle path. Additionally, a person is prohibited from riding, driving, or leading a horse in a reckless, disorderly, or careless manner through or over any of the streets or private property in the city. Penalties for violating these provisions are provided.

In Newark, Delaware, a person is prohibited from riding, driving, or leading a horse on the city's sidewalks, but may ride a horse on a city street's bicycle path. Additionally, a person is prohibited from riding, driving, or leading a horse in a reckless, disorderly, or careless manner through or over any of the streets or private property in the city. Penalties for violating these provisions are provided.

AZ - Phoenix - Chapter 8 - ANIMALS.

Summary:

The following comprises Phoenix, Arizona's animal-related ordinances. Topics include the keeping of reptiles or wild animals, vicious animal provisions, and sections addressing animal cruelty. An entire article (Article IV) deals with the confinement of animals in motor vehicles.

The following comprises Phoenix, Arizona's animal-related ordinances. Topics include the keeping of reptiles or wild animals, vicious animal provisions, and sections addressing animal cruelty. An entire article (Article IV) deals with the confinement of animals in motor vehicles.

AL - Mobile - Chapter 7: Animal and Fowl (Article VI - Horse Drawn Carriages)

Summary:

In Mobile, Alabama, animal-drawn passenger vehicles are restricted to horse drawn carriages. The following ordinances provide the restrictions and requirements placed upon the operations of these carriages within the city.

In Mobile, Alabama, animal-drawn passenger vehicles are restricted to horse drawn carriages. The following ordinances provide the restrictions and requirements placed upon the operations of these carriages within the city.

Kush v. Wentworth

Summary:

Plaintiff filed suit against Defendant for violation of the Animal Control Act and alleged negligence due to the broken leg that the Plaintiff suffered after she was kicked by Defendant’s horse while trying to pass the horse on a group ride.   At the time of the accident, the defendant was neither an “equine activity sponsor” nor an “equine professional” according to the Act.   The issue was whether the Act applied only to those two groups of people, and the court held that the Act does not preclude negligence liability for persons other than equine activity sponsors and equine professionals.

Plaintiff filed suit against Defendant for violation of the Animal Control Act and alleged negligence due to the broken leg that the Plaintiff suffered after she was kicked by Defendant’s horse while trying to pass the horse on a group ride.   At the time of the accident, the defendant was neither an “equine activity sponsor” nor an “equine professional” according to the Act.   The issue was whether the Act applied only to those two groups of people, and the court held that the Act does not preclude negligence liability for persons other than equine activity sponsors and equine professionals.

Kangas v. Perry

Summary:

Plaintiff, a passenger of a horse-drawn sled sued the owner of the property on which the accident occurred, as well as the owner of the horses and the sled for the injuries she suffered when thrown from the sled.   The Court of Appeals found that the equine immunity statute provided protection for the owner of the horse against tort liability.   The plain language of the statute provides that immunity from civil liability is available to all persons , “ including an equine activity sponsor or equine professional…”; thus, protection is not limited only to those who are sponsors or professionals, rather they are examples of types of people to whom the statute applies.

Plaintiff, a passenger of a horse-drawn sled sued the owner of the property on which the accident occurred, as well as the owner of the horses and the sled for the injuries she suffered when thrown from the sled.   The Court of Appeals found that the equine immunity statute provided protection for the owner of the horse against tort liability.   The plain language of the statute provides that immunity from civil liability is available to all persons , “ including an equine activity sponsor or equine professional…”; thus, protection is not limited only to those who are sponsors or professionals, rather they are examples of types of people to whom the statute applies.

Gibson v. Donahue

Summary:

Plaintiff was injured when she was thrown from her horse while she was riding her horse in a city field.   Plaintiff sued Defendant for her injuries because she was thrown from her horse after the horse was startled by the Defendant’s dogs, which were chasing the horse.   The Defendant claimed that she was immune from liability under Ohio’s Equine Activity Liability Act.   However, in this case of first impression, the court found that the EALA did not apply to Defendant because Plaintiff was not engaged in an “equine activity” at the time of the injury and the statute is not meant to apply to all third parties involved in an accident in which an equine was present.

Plaintiff was injured when she was thrown from her horse while she was riding her horse in a city field.   Plaintiff sued Defendant for her injuries because she was thrown from her horse after the horse was startled by the Defendant’s dogs, which were chasing the horse.   The Defendant claimed that she was immune from liability under Ohio’s Equine Activity Liability Act.   However, in this case of first impression, the court found that the EALA did not apply to Defendant because Plaintiff was not engaged in an “equine activity” at the time of the injury and the statute is not meant to apply to all third parties involved in an accident in which an equine was present.

Southall v. Gabel

Summary:

This action was brought by plaintiff as owner of a 3 year old thoroughbred race horse, named Pribal, against defendant, a veterinarian, charging defendant so mishandled the horse that it sustained physical injuries and emotional trauma; that the emotional stability of the horse worsened until finally it was exterminated. The court held that the evidence failed to show any proximate cause between the surgery that was performed on the horse and the subsequent care and transport of the horse by the veterinarian. 

As the court stated, what caused Pribal to become mean and a "killer" is speculative; the O.S.U. Veterinary Clinic records in evidence did not indicate any causal relationship between the handling of Pribal by the defendant and the subsequent personality change resulting in Pribal becoming a "killer horse."

This action was brought by plaintiff as owner of a 3 year old thoroughbred race horse, named Pribal, against defendant, a veterinarian, charging defendant so mishandled the horse that it sustained physical injuries and emotional trauma; that the emotional stability of the horse worsened until finally it was exterminated. The court held that the evidence failed to show any proximate cause between the surgery that was performed on the horse and the subsequent care and transport of the horse by the veterinarian. 

As the court stated, what caused Pribal to become mean and a "killer" is speculative; the O.S.U. Veterinary Clinic records in evidence did not indicate any causal relationship between the handling of Pribal by the defendant and the subsequent personality change resulting in Pribal becoming a "killer horse."