What is the “Presumption of Negligence” in equine liability cases?

In California, the “Presumption of Negligence” is a legal principle applied to equine liability cases. This legal principle states that when a person is injured while riding, driving, or handling a horse, the owner or possessor of the horse is presumed to have acted negligently in their duty of care. This means that the owner or possessor of the horse is assumed to have been legally responsible for the injury, and the injured party does not have to prove that the owner or possessor was negligent. The owner or possessor of the horse can overcome this presumption of negligence by providing evidence that he or she was not negligent in their duty of care. This evidence must be sufficient to prove that the injury was not caused by the owner or possessor’s negligence and might include evidence such as written contracts, detailed safety protocols, or protective equipment worn by the injured party. The “Presumption of Negligence” in equine liability cases is an important part of California law and serves to protect both horse owners and handlers. It holds horse owners and handlers responsible for their actions, while also providing an incentive for them to take proper precautions to ensure the safety of those riding, driving, or handling the horse.

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What is the “Presumption of Negligence” in equine liability cases?

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