Personal Injury Law Topics / Horse Bite

Horse bites, unlike dog bites, are not strict liability law violations (i.e. liability without fault regardless how much care is used). Why this is in California is a mystery to me as, in my opinion a horse bite is many times more serious than a dog bite. Although no statute provides automatic liability against the owner, all is not lost for the victim of a horse bite. It only means that the proving negligence against an owner is a little more challenging. Generally speaking, there must be a showing that the owner had some knowledge of the dangerous propensities of the particular horse before the incident occurred to the victim. This usually requires some showing that the horse has acted aggressively or has bitten someone in the past. Of course, an owner of a horse will try to protect the horse and themselves by stating that he or she has never seen the horse act aggressively nor has bitten anyone in the past. To get over this hurdle, horses are many times kept at a stable. Do some investigation and ask the stable owner or any of their employees if they have ever seen the horse bite or act aggressively in the past (including whether they saw it act in this fashion against the owner!!!). In addition, you can check the local animal control office to see if there have been any past reports concerning this horse. I have found that some simple investigation will many times prove that there will be one employee or one report detailing that the particular horse has acted aggressively or has bitten someone in the past.  I always try to keep in mind that my client was not the first person bitten by this horse and doing some investigation usually turns out very favorable to my client resulting in an excellent recovery.

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