October 5, 2015

Question

The horse was getting bitten by a horsefly and because it couldn't shoo it off with its tail, I was told after the incident that its normal instinct is to buck and run to get rid of it. I was bucked up and down on the saddle between 3-4 times while it was running and I the last time I hit the saddle I experience a severe pain across my lower back and lost my breath where I couldnt speak. I went to an emergency room that night and followed with a visit to my dr that monday whom did a ct scan. I have a herniated disc near my tailbone and a spinal compression fracture in my lower back. I have been out of work for a month already and was just recently fitted with a back brace which I will get tuesday. Will wear that for a month and get rechecked to see if it helps heal the fracture

Answer

You may well have a case because you signed no waiver, IF you did not appreciate (due to your age & inexperience) the dangers inherent in trail riding, AND the guide was negligent. See Blumenthal v Bronx Equestrian Ctr., Inc. 2014 NYSlipOp 31653(U) . The case will turn on the specific facts, so it would be advisable to retain a lawyer who has handled horse riding cases before. Best of luck


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