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

In Massachusetts, the “Presumption of Negligence” is an important element of equine liability cases. This legal concept holds that when the owner of a horse or other equine animal is sued for injury or damage caused by the animal, the owner is presumed to be legally responsible unless they can prove otherwise. This means that in a court of law, the burden of proof lies with the owner of the animal to show that it did not cause the harm in question. This presumption of negligence applies even if the animal was not acting of its own accord, or even if the harm was caused by another person or animal. The primary purpose of the “Presumption of Negligence” is to protect individuals or property from potential damage caused by horses or other equines. It sets out an important legal framework through which the courts can assess the responsibility of horse owners in situations where harm has been caused. Furthermore, this presumption of liability can also act as a deterrent to people from putting others at risk of harm by owning or controlling a horse, or other equine animal.

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

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