Horse Owner Not Liable for Farrier’s Death Because He Assumed the Risk of a Dangerous Occupation.

A horse farrier of 45 years was trimming the hooves of the defendant’s horses when the horses knocked the farrier down, causing him to strike his head on a rock. The farrier died from his injuries. His widow sued the defendant for premises liability and wrongful death, alleging that the defendant had negligently allowed his corral to remain rocky, thereby contributing to her husband’s death. The trial court granted summary judgment for the defendant, finding that the horses, not the rock terrain, caused the fall. The court found that the defendant owed no legal duty to the farrier because of the “occupational assumption  of risk doctrine.” On appeal, the court affirmed, ruling that a no-duty rule (often called the “veterinarian’s rule”) applied where a person confronted unpredictable animals as an inherent part of his job. The court found that the job of a farrier was an inherently dangerous occupation as much (or more so) as that of a veterinarian. As such, the assumption of the risk doctrine applied to bar the widow’s claims. The defendant owed no duty to the farrier since the farrier assumed the risks of his inherently dangerous occupation and all of its associated risks. Barrett v. Leech, No. D063991, 2014 Cal. App. Unpub. LEXIS 5185 (Cal. App. Ct. July 24, 2014).