Is a Loose Girth or Cinch “Faulty Tack” Under an Equine Activity Liability Act?

• You take your friend on a trail ride, but an hour into the ride the saddle slips and your friend falls off. He sues.
• Two hours into a scenic trail ride, a horse provided by a public riding stable walks up a hill, but the saddle slips and spooks the horse. The guest falls and files a lawsuit.

If any of these incidents occurred in a state with an Equine Activity Liability Act (“EALA”), could the injured rider base his or her lawsuit on the “faulty tack or equipment” exception? *

Over the years, courts have examined the issue of what qualifies as “faulty tack or equipment.” In these two cases, the courts were convinced that a loose cinch or girth does not. Read More ›