New Jersey Horse Council
25 Beth Dr., Moorestown NJ 08057-3021
Phone: 856-231-0771
Fax: 856-234-1081
secretary@njhorsecouncil.com



American
Horse Council

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Welcome to the New Jersey Horse Council
Here to support YOU!


August 1, 2010
TO: All members of the horse community in New Jersey
FROM: The directors of the New Jersey Horse Council

We are thrilled to announce that the New Jersey Supreme Court overturned the decision of the Appellate Division in Hubner v. Spring Valley Equestrian Center, the case that had disturbed us so much because of its very incorrect interpretation of the Equestrian Activities Liability Act. The decision, which was handed down on July 28, 2010, means that the plaintiff has no remedy against the facility where she went for a trail ride and was injured simply because, as the Court correctly noted, her injury was caused by an inherent risk of riding (in this case, the unpredictable behavior of the horse)-therefore, she will not be going to trial at all. In addition, we hope that this discourages other groundless lawsuits against horse businesses and encourage judges, such as the trial judge in this case, to dismiss lawsuits when the accident is due solely to the inherent risks of equestrian activity as set out in the statute.

The New Jersey Supreme Court correctly read and interpreted the Equestrian Activities Liability Act; its decision is an excellent correction of the error that occurred when this case was in the Appellate Division. The New Jersey Horse Council is grateful for the support received in contributions to our legal fund which made it possible for us to hire an attorney so that we could present our own brief to the Court. It is worth noting that the Farm Bureau also became involved in the case and submitted a brief. A link to the actual decision is on this website at http://lawlibrary.rutgers.edu/courts/supreme/a-52-09.opn.html.


 
From the President
Many of you are aware that we in the equestrian community celebrated our first ever National Helmet Awareness Day in July. The NJ Horse Council fully supports and encourages the use of helmets, whether riding or driving, trail riding or showing, riding English or Western - you get the picture.

In support of this effort, our website is instituting a helmet-pictures-only policy (for those riding/driving). We realize the potential for inequities in breed and discipline representation this may create in our photos. We ask NJ riders and drivers from traditionally non-helmet wearing equestrian pursuits to take note, start encouraging helmet wear and send us pictures thereof.

While head injuries are not the only way in which we riders and drivers can injure ourselves, they are the leading cause of death in equestrian sports. A broken leg or sprained wrist is more easily fixed than a cerebral hemorrhage or other serious head injury. The importance of wearing a helmet anytime anyone rides any horse, cannot be stressed enough. Approximately 12,000 equestrians visit the emergency room each year as a result of head injuries sustained while riding. Wearing a helmet can help prevent such injuries, and save lives.

The "mom" part of me cautions you all that just grabbing any old helmet is not sufficient protection against horseback riding head injuries. The helmet should be specific to equestrian activity, fit properly in order to be effective and be ASTM/SEI certified, which means that it meets rigorous guidelines for the protection of human skulls during horse-riding/driving accidents.
Please watch the following You Tube video about concussions:
http://www.youtube.com/watch?v=Z353nY3UQKE&feature=youtube

Enjoy your horses! WEAR your helmet! Stay safe!


Sincerely, Shelly Liggett
 

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