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Equine Liability

Young v. McKim, 14-11-00376-CV, 2012 WL 1951099 (Tex. App.—Houston [14th Dist.] May 31, 2012, no. pet. h.). (Equine Limitation Act)
Although it is preempted by the Worker’s Compensation Act when applied to employees, the Equine Limitation of Liability Act, which protects horse owners from liability for personal injuries caused by the inherent risks of engaging in equine activities, applies to independent contractors. When a rescue horse, which had been mistreated and gelded months before the incident, is consistently well-behaved, failure to disclose this information does not constitute willful and wanton disregard for the safety of the injured party for the purposes of the Equine Limitation of Liability Act.