Are you liable if your dog runs free on your property?
Plaintiff Goodman was an exercise rider on a thoroughbred training facility.? She was seriously injured when the horse she was riding was spooked by actions of the defendant Hartigan?s dog.? She recovered worker?s compensation from Cashel, the owner of the facility. She then brought this lawsuit against Hartigan, the trainer, claiming that his conduct in permitting his pet dog to run free on the property was negligence and the cause of her injury.? Defendant claimed that the dog was part of the horse-training business?to desensitize the horses to dogs.? Plaintiff claimed the dog was merely the personal pet of the defendant.? The trial court granted summary judgment for the defendant, but in this opinion the Court of Appeals disagrees with that decision and sends the case back for trial.? If the dog was used only in business, then the previous worker?s compensation award would have covered the subject matter of this lawsuit and plaintiff would not be entitled to sue. If, however, the dog was merely a personal pet, then the worker?s compensation award would not prevent this lawsuit.? Whether the dog was a pet or a part of the training program is a question of fact for trial.
- copyright University of Texas -
Read more of this article: Are you liable if your dog runs free on your property?
and then find out more about security at Windsong Dressage and Equestrian Center
If you have any questions you can email Ulla Hudson, our Certified Instructor.
Windsong Dressage and Equestrian Center,
friendly people, happy horses.
-DDN-
Plaintiff Goodman was an exercise rider on a thoroughbred training facility.? She was seriously injured when the horse she was riding was spooked by actions of the defendant Hartigan?s dog.? She recovered worker?s compensation from Cashel, the owner of the facility. She then brought this lawsuit against Hartigan, the trainer, claiming that his conduct in permitting his pet dog to run free on the property was negligence and the cause of her injury.? Defendant claimed that the dog was part of the horse-training business?to desensitize the horses to dogs.? Plaintiff claimed the dog was merely the personal pet of the defendant.? The trial court granted summary judgment for the defendant, but in this opinion the Court of Appeals disagrees with that decision and sends the case back for trial.? If the dog was used only in business, then the previous worker?s compensation award would have covered the subject matter of this lawsuit and plaintiff would not be entitled to sue. If, however, the dog was merely a personal pet, then the worker?s compensation award would not prevent this lawsuit.? Whether the dog was a pet or a part of the training program is a question of fact for trial.
Read more of this article: Are you liable if your dog runs free on your property?
and then find out more about security at Windsong Dressage and Equestrian Center
If you have any questions you can email Ulla Hudson, our Certified Instructor.
friendly people, happy horses.
-DDN-
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