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Welcome to the New Jersey Horse
Council
Here to support YOU!
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.
Sincerely, Shelly Liggett |
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