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

The “Presumption of Negligence” in equine liability cases is a concept in equine law that is applied in Washington. It holds that when an owner or other person involved with horses breaches their duty of care and causes an injury, then they are presumed to have been negligent. For example, if a horse owner fails to properly care for their horse, and the horse injures someone, then the owner will likely be found liable for the injury. This is due to the presumption of negligence, which assumes that a reasonable owner would have acted properly to prevent the injury. The presumption of negligence applies even if the owner had no knowledge of the fact that their horse was going to injure someone. This means that even if a horse owner is not necessarily careless, they could still be found liable for negligence if the horse causes injury. The presumption of negligence does have exceptions. For instance, if an animal is provoked or frightened unexpectedly, then the owner is not necessarily liable for the injury. Additionally, if an injured person was trespassing on the property where the horse was kept, then the owner is usually not liable for injuries that occur. Overall, the presumption of negligence in equine liability cases holds that if a horse owner breaches their duty of care and someone is injured, then the owner is likely liable for the injury. There are exceptions to this, but it is generally a concept that holds owners accountable for the safety of their horses.

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

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