Expert Witness: Assessing Liability in Horseback Riding Fall Cases
When someone has fallen from a horse while riding, the incident could have occurred due to improperly maintained equipment, inappropriate training of the animal or through a similar issue. When a claim for the injury arises, an expert witness is often necessary to explain and assess liability so that compensation claims are possible and understood better.
Horseback falls are as complicated as any other injury when there could be no one to blame or multiple individuals responsible for the damage sustained. The training involved in keeping the animal from bucking someone while riding is often either repetitive or a form of conditioning. If the trainer has not been properly introducing his or her method, the training itself may not stick, and the horse could harm someone when attempting to get the rider off his or her back. When a person is training a horse that is stubborn and refuses to learn, similar injuries may occur.
Equipment malfunctions are common, and these concerns could stem from multiple areas such as defects, inferior resources or materials or sabotaged buckles and harnesses. The investigation into the matter should reveal the true problem, assess the liability in the incident and assist in ensuring the proper party is paying damages to the victim. If the issues deals with defects, this could be the manufacturer, distributor or the design implemented in creating the equipment. Then, this could involve a company that is responsible for the initial problem that started the chain reaction that led to the injuries.
The Accidents DefinedWhen someone falls off of a horse, he or she could face severe damage either with property or on his or her body. In days past, a fall from any horse could have been fatal. The body’s bones are often fragile and could break at any point in the fall itself. If the horse or equipment also lands on the victim, additional harm is sustained. If the head smacks into anything, brain damage or a concussions are possible. Broken bones in the chest could rupture or puncture organs. Extensive bleeding internally could kill the victim. Then, it is possible that the horse could spook from the incident and hurt the rider further.
The Accident and LiabilityBecause accidents are often disconnected to a claim for compensation, the victim may not know there could be a reason the horse and rider had an incident. Sometimes, it takes an expert in these matters to investigate, assess and examine the incident further. Equipment malfunctions could have caused the rider to slip off the horse. Training is often an instigator of accidents, and improper handling of animals generally causes complications. If another party introduced something the horse is afraid of, this could also factor into the accident. After the expert is hired, it is his or her job to discover these issues.
Assessing the liability usually require evidence, facts and witnesses with key details. Combining these elements, the expert is often able to determine who is responsible for the injuries sustained by the victim from the horseback riding fall. Once the professional has started his or her examination of the claim, it may become apparent the direction that the case takes. Proving the liability lays at someone’s or a company’s feet is one of the first steps. Then, after testimony of the expert, the compensation amount and reason are clear. After this, it is important for the courtroom case to finalize details and deliberation to complete.
The Expert in the Horseback Riding CaseThrough reliability in methods to connect evidence, facts and opinions to the liable party, an expert is able to explain the situation to the judge or jury panel. Then, his or her relevant testimony describes how the party or entity owed damages to the victim. He or she uses his or her charisma to bolster confidence in what he or she says which should be based on relevant and significant details from gathered clues, facts, testimony of others and what was suggested previously and has been corroborated as proof.
Expert witnesses are hired to clear confusion and explain various aspects of a case. With knowledge of the subject matter, this is easier. The expert may recreate the incident and walk the courtroom through what he or she has been able to piece together. At this point, it may be possible to hold the responsible party accountable for the damages and ensure compensation is possible for the victim of the incident.
Provided by HG.org
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.