Comments

Oral Argument Preview: What is a Spectator Under Ohio’s Equine Immunity Statute? Smith v. Landfair. — 5 Comments

  1. Since when are alpacas lumped in with equines? They’re camelids. Alpacas are not hooved, they have two toes on each foot, and are related to camels, llamas, guanacos, and vicunas. They are not equines.

    • Hey, Karen!
      Take it up with the legislators. After all, they couldn’t define spectator either. I’ve already confessed I’m such a city gal that I had to look up “hinny.”
      MBB

  2. Based on the facts as I read them, I’d decided this case on an entirely different grounds:

    Assumption of Risk. You go to a County Fair and place yourself in a barn or near a barn full of horses and then get near enough to one them and behind that horse then you assume the risk of being kicked and cannot sue simply based on that!

    Case dismissed.

    • I agree that is a very viable defense, but a defense is different from immunity. I think if this case is reversed and remanded for trial, that will be a major issue. Please see my newest post analyzing the oral argument.
      MBB