Adopting good samaritan immunity for defendants in the horse industry

Abstract

Interest groups are advancing new statutory provisions to limit the liability of persons involved in equine activities. The first statute was adopted in Washington State five years ago, and subsequently twenty-nine other states have proceeded to adopt legislation regarding this issue. The new statutes, termed “Equine Liability Statutes,” provide immunity from liability for injuries and death arising from ordinary risks of equine activities. Drawing from policies involving the provision of assistance for needy interest groups and voluntary social prerequisites, two recommendations may be proffered. First, the good samaritan and recreational use models suggest that the statutes might require a donation to offset the loss of participants' rights before a person could qualify for the statutory dispensation. Second, an additional safety prerequisite regarding a helmet to encourage action to reduce head injuries may be appropriate to foster safer equine activities.