- Ag Docket
(case involves construction of Texas Equine Activity Limitation of Liability Act which limits liability for injuries arising from inherent risks associated with equine activities; inherent risk is one that is associated with the activities involving equine animals; act limits liability for failing to fully assess person's ability to participate in equine activity if such failure does not cause injury; under facts of case, rider injured in fall from horse during trail ride and sued horse owner; rider claimed injury resulted not from inherent risk of falling from horse, but by owner's negligence in selection of trail to be ridden that had mud and vines on it; Act's reference to "inherent risk of equine activity" refers to risks associated with the activity rather than simply those risks associated with innate animal behavior; under common law, there is no liability for injury caused by domestic animal unless animal is abnormally dangerous and owner had reason to know of such propensities or owner was negligent in handling the animal, thus such narrow construction of Act meaningless; Act does not require formal, searching inquiry into capabilities of potential rider by owner before ride occurs).
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