What is the “Presumption of Negligence” in equine liability cases?
In the state of Michigan, the “Presumption of Negligence” is a legal concept used to determine liability in cases involving equine activities. This applies when a person has been injured while involved in an activity related to horses, such as riding, training, and breeding. Under the Presumption of Negligence, the injured person is assumed to have been harmed due to the negligence of the person in charge of the equine activity. The burden of proof is then on the person in charge to prove that he or she did not cause the injury. This includes providing proof that the necessary precautions were taken to ensure the safety of the rider or other people involved. For example, if a horse rider is injured due to a fall while horseback riding, the injured person can pursue a claim against the owner of the property or instructor, since they are responsible for ensuring the safety of the riders in their care. The injured person does not need to prove that the person in charge was negligent; the Presumption of Negligence applies automatically. In Michigan, the Presumption of Negligence is a powerful tool for holding equine-related businesses and professionals accountable. It also encourages safe practices in the industry. As always, it is best to be aware of the laws and regulations applicable to horse activities in Michigan.
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