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

In equine liability cases, the “Presumption of Negligence” is when a court assumes that the horse owner was negligent in the care and handling of their horse. This means that the court presumes that the owner was either careless or reckless in how the horse was handled. This includes not providing proper care, not taking suitable safety precautions when handling the horse, or any other negligent act. In Delaware, this presumption can be overcome if the horse owner can prove that the injury or property damage happened despite the owner’s reasonable care or due to the negligence of the injured person. However, simply proving that the owner was careful and responsible is not sufficient to overcome the presumption of negligence. In order to successfully overcome the presumption of negligence, the horse owner must provide evidence that they took every reasonable precaution to prevent the injury or property damage, and that the injured person was the one who was actually negligent. In Delaware, the “Presumption of Negligence” is an important concept to understand for any horse owner. As such, it is important for horse owners to understand the law and take every reasonable step possible to protect their horses and prevent accidents from occurring.

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

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