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

The “Presumption of Negligence” in equine liability cases is a legal doctrine used in Texas law to establish the liability of someone involved in a horse-related incident. This doctrine states that a person who owns, keeps, harbors, or has custody of a horse assumes responsibility for any injury, property damage, or death that occurs as a result of the horse. This means that if a horse causes damage, injury, or death, the person responsible for the horse will be held liable. In Texas, this presumption of negligence applies to both the owner, keeper, and anyone else responsible for the horse. This means that if a horse belonging to one person injures another or damages property, the duty of care belongs to the owner, keeper, or custodian of the horse. The owner or keeper must prove the absence of fault or negligence for any incident that occurred. In addition, this rule can also apply to people using horses for recreational purposes in some cases. For example, a court can find that a person using a horse for recreational activities like trail riding owes a duty of care to other people and must prove the absence of negligence if someone is injured or property is damaged as a result of their activities. The presumption of negligence in equine liability cases is a vital doctrine that helps ensure that people are held responsible for any injuries, property damage, or death caused by a horse that is in their control.

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

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