Horseman's liability: Denis Quaid being sued for flawed trail system

As reported by TMZ, Lester Wood is suing Dennis Quaid for a “flawed trail design” that put his life in danger. Wood had been given permission by Quaid to borrow a horse and ride across the star’s property to reach a park in the Pacific palisades area of Los Angeles. During the trail ride, the horse was spooked by sprinklers than came on near the trail, the hose then reared and fell on top of Wood. Wood had to be taken to a hospital and held in critical condition with “a concussion, fractured scapula, torn aorta, multiple pulmonary emboli, broken ribs, a nicked liver, a tear in his bladder, fractured lumbar discs, a shattered pelvis, internal bleeding, and a torn meniscus in his knee.” Wood was not wearing a helmet and was not paying attention to his horse when it spooked as he was “looking at his watch”. 

This brings several issues into light for the horse world. Can we lend out horses to friends or other riders safely? What are our responsibilities when allowing people to ride on our property? Should helmets be required of all riders?

Most of my fellow horseback riders that I have talked to are generally comfortable allowing other people, and especially experienced riders (as Wood claims to be), to borrow our horses to ride or take on trail rides. Most of these riders do not think they would be at risk for being sued if the horse misbehaves, spooks, or the rider has other issues. Especially when lending horses to experienced riders, other riders assume that they understand the risks and will not be upset if something does happen. This incident is a reminder to know your state laws, what they protect against and what they don’t, and to be cautious when lending out your horse.

Most people when heading out on the trail assume there will be obstacles and other things that can spook horses. The question is: where is the line between expected obstacles and things the property owner should have cleaned up, or warned riders about? From this case, are the sprinklers near the trail a normal obstacle or should have something been done to avoid this issue? Should the trail be moved or should the rider have been warned that may happen? Should the property owner have to make any guarantees about the safety of their trails and property? The answers to these questions may depend on state law but they are questions to consider before allowing people to ride on your property. 

Many states are starting to require that all riders under 18 years of age wear a helmet anytime they are on a horse and especially during competitions. Some states are even considering requiring helmets for all riders, regardless of age, like with motorcycle helmet laws. If your state does not require helmets, this leaves the property owner with a decision. For liability purposes, its safer to require helmets, but that also means you have to enforce that rule at all times. Protecting yourself against liability and the personal freedom of your clients is hard to balance at times. Property owners, riders, and anyone else around horses should be made aware of the risks and should be cautious about allowing people around horses who are not familiar with risks and safety precautions.