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THIS LADY, AIN'T NO LADY....

Many of us would be taken aback if a "lady" were to bite us on the shoulder. So, it should come as no surprise that Marilyn G. Tilson was particularly flummoxed by the hostile reaction she received one summer day.
On June 25, 2000, Ms. Tilson--a "recreational horseback rider" with thirty years of experience--visited New Horizon Stables and was assigned to ride "Lady," a horse owned by Larry and Kim Russo. As Tilson approached the animal, Lady reportedly bolted toward the prospective rider and bit her on the left shoulder.
Tilson filed a negligence case against the Russos in the Albany County Supreme Court, seeking compensation for her injuries. When the defendants moved to dismiss the complaint--on the grounds that Tilson was aware of the perils associated with horseback riding, assumed the risks inherent in that activity, and, as a result, defendants were not liable for any injury or damages sustained--the Supreme Court agreed and ended the case. On appeal, the Appellate Division, Third Department, affirmed. In its decision, the appellate court cited to a series of cases which sealed the litgation's fate. Noting that horses are "unpredictable" and prone to "sudden and unintended actions," and that being bitten, bumped, kicked, struck, and thrown are all scenarios that a rider should anticipate, Tilston was deemed to have consented to any injury-causing events.
While Tilson's attorneys also argued that negligence liability attached due to Lady's "vicious propensity," in that the horse had apparently bitten others, the appellate court found that legal doctrine did not apply to a sporting event where a party knowingly assumes the activity's attendant risks.*
Sounds like pure horse-sense to us.
For a copy of the Appellate Division's decision in Tilson v. Russo, please click on the following link:
http://www.nycourts.gov/reporter/3dseries/2006/2006_05070.htm
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*For our blog posts on "vicious propensities," please see the index to your right. Posts have included: Here's an Oreo that Will Bite Back , The Bard and the Bull , and Beware of Dog: Biting the Hand that Doesn't Feed You

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