Statutory Interpretation – Equine Immunity

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7^th Circuit Court of Appeals

Case Name: Judy Dilley, et al. v. Holiday Acres Properties, Inc., et al.

Case No.: 17-2485; 17-2970; 17-3289

Officials: FLAUM, SYKES, and HAMILTON, Circuit Judges.

Focus: Statutory Interpretation – Equine Immunity

Judy Dilley and Abigail Brown were injured while horseback riding in Wisconsin. Both women are citizens of other states, so they sued the trail and stable operators in federal court in western Wisconsin asserting claims of negligence. They lost at summary judgment and on the pleadings, respectively. Their appeals, which we have consolidated for decision, require us to interpret and apply Wisconsin’s equine immunity statute. With certain exceptions, the statute blocks recovery for injuries that result from “an inherent risk of equine activities.” WIS. STAT. § 895.481(2). The courts below held that the equine-immunity statute bars their claims.

We affirm. Dilley’s claims fall within the scope of the statutory immunity because a trail operator’s negligence is an “inherent risk of equine activities” as that phrase is defined in the statute. And no exception to immunity applies. The trail operators reasonably assessed Dilley’s ability to ride a horse and to safely manage the particular horse they assigned to her; they did not act in willful or wanton disregard of her safety; and the tack they provided was not faulty. Brown concedes that her claim falls within the scope of immunity but invokes an exception that applies if the defendant provided a horse for the plaintiff. Because Brown rode her own horse, that exception is unavailable.

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.