Saturday, February 16, 2008

Walk Your Horse

When you go to Europe, one of the things you discover is how free-of-release-forms the most dangerous activities are. Here in the US, it's always, "Sign here that you understand you could be killed or injured" before they let you do anything. Having done quite a few horse rentals in our time, I have to say that stables have some of the most ominous-sounding paperwork around. If you take the time to read the paperwork, you might just go back to your house and curl up with Misty of Chincoteague rather than get on a horse. You certainly know that you are agreeing to take responsibility for your choice to balance yourself on top of a huge, unpredictable animal under unpredictable conditions.

One of the best trail rides I can remember taking was at Five Brooks Stables up in Marin County north of San Francisco. We went there as a bit of a surprise for Kyla's birthday one year, with some friends of hers. We specifically chose it because it had advanced rides that included more than just walking. If you haven't done it, the way these advanced rides work is that they get you to a suitable spot for cantering, make sure everyone is set, and then off you go trotting or cantering or even galloping in a line led by the wrangler. The slowest horse and/or the weakest rider determines how much the rest of the group gets to enjoy itself.

Today I saw an article in the SFChronicle about Five Brooks being sued by a rider who fell on one of their rides.

According to her lawsuit, the guide broke his horse into a gallop without warning, and Cohen's horse bolted and threw her. She was dragged along the ground on her back and suffered extensive cuts and bruises, Christie said.

The guide denied galloping his horse and said he believed he had asked the riders behind him for their consent before increasing the gait to a canter.

The Superior Court judge threw out the case saying that she had signed a release form. Unfortunately the Appeals Court judges ruled 2-1 that the release form wasn't clear enough. Seriously?!? Are we going to have to sit through a Powerpoint presentation and take a damned quiz next time we rent a horse? I am a believer that lawsuits are a useful part of the checks-and-balances in a society that prioritizes the rights of corporations over people. That prioritization is one reason you don't have to sign these stupid release forms in Europe in my opinion. Still, this is the kind of crap that understandably adds fuel to the talking heads wanting to control lawsuits.

Even sadder, I bet they make us walk our horses next time.

1 comment:

Anonymous said...

We drove past that place on our trip up the coast with you guys. What a beautiful area! We have such fond memories of that trip... As for the fallen rider and her lawsuit... Shame on her and even more shame on the appealette court! Maybe Al Gore will do the power point.