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Showing 2 posts tagged Kentucky Equine Liability.
Our Top Ten: Ten McBrayer Blogs that Capture the Year that Was
Our McBrayer blogs run the gamut of practice areas, so it’s no surprise that the ten most popular blogs on our site for the 2018 calendar year reflect the full span of our reach. It’s also no surprise that the vast majority of these blogs respond to new and exciting changes in the law. Drumroll, please… More >
Kentucky Equine Liability: When the Potential Buyer Takes a Tumble
Recently the Kentucky Supreme Court addressed liability issues facing Kentucky horsemen when offering riding horses for sale. The sale of horses for riding use is a common facet of the horse business in Kentucky, and test rides are frequently part of the sale process. A test ride, however, opens the door to unique liability issues. In 1996, the General Assembly enacted the Farm Animals Activity Act (“FAAA”), which dictated that the inherent risks associated with farm animals, including horses, are beyond the reasonable control of farm animal activity sponsors, professionals, or other involved persons. However, this statute left several exceptions permitting liability on the table. Until recently, no published case law in Kentucky provided guidance for the application of these exceptions. In August 2018, the Kentucky Supreme Court clarified the FAAA exceptions involved with a potential buyer riding a sales horse in Daugherty v. Tabor. More >
