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

In South Carolina, the “Presumption of Negligence” is a legal concept applied to equine liability cases. This means that when two parties are involved in a dispute regarding a horse-related injury, the party responsible for owning or caring for the horse—known as the “stableman”—is presumed to be negligent. Under the Presumption of Negligence, it is assumed that the stableman was careless in some way and that this carelessness caused the injury. However, the stableman can refute this assumption by providing evidence of their reasonable care. This means they must demonstrate that they exercised the same level of care that most other stable owners or caretakers would have used under the same circumstances. If the stableman is found to be negligent, they will be liable for the injury and possibly for compensatory damages. This could include covering medical costs, lost wages, and even pain and suffering. However, if the stableman is able to show that they did not act negligently, then they will not be held liable for the injury. If a dispute involving the Presumption of Negligence arises in South Carolina, it is important to seek the advice of a qualified equine lawyer for legal advice. A lawyer can help to review the facts of the case and build a defense to demonstrate that the stableman was not negligent in the handling of the horse.

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

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