Personal Injury Archives - Equestrian Sports Law

Another “Environmental Contamination” Defense Falls Flat

A New Jersey racehorse trainer unsuccessfully appealed stiff penalties imposed by the New Jersey Racing Commission after a post-race urine sample taken from a horse he trained tested positive for three banned substances: Oxycodone, an opioid used to treat pain; Carisoprodol, a medication used to treat musculoskeletal pain; and Meprobamate, a medication used to treat…

Racehorse Trainer Fined $1,000 After Horse Tests Positive For Meloxicam

Renown Thoroughbred racehorse trainer, Todd Pletcher, recently appealed a $1,000 fine and 10-day suspension that was imposed on him by the New York Gaming Commission (“New York Racing”) after a horse he trained tested positive for Meloxicam after finishing in second place in a race held at the Saratoga Racecourse.

Equipment Failure: “Inherent Risk” or Proof of Negligence?

The Virginia trial court dismissed an injured rider's personal injury lawsuit against a stable on the basis of a pre-injury liability release signed by the rider. Relying on the signed release and Virginia's Equine Activity Liability Act ("EALA"), the trial court concluded the rider could not sue. The rider appealed.

Federal Court Rejects Challenge To SafeSport Procedures

A federal appellate court recently dismissed a challenge to SafeSport that was brought by three trainers who had been sanctioned by SafeSport for violating its code of conduct. The trainers filed a federal lawsuit against the United States Center for Safesport (“SafeSport”), the United States Olympic & Paralympic Committee (“USOC”) and the United States Equestrian…

Rider’s Personal Injury Claim Will Go To Trial

A New York court refused to dismiss the personal injury lawsuit of a rider who claimed a dude ranch employee torqued her knee while helping her mount the horse she was given to ride. The lawsuit was initiated by an experienced horseback rider who participated in advanced riding at defendant's dude ranch for two…

Trainer Prevails In Lawsuit Alleging Animal Cruelty

A woman hired a trainer to tame and train a wild, “unhandled” mustang she adopted through the Bureau of Land Management. Dissatisfied with the horse’s condition after 4 months, she moved the horse to another barn and sued the trainer for $6,000, alleging the trainer had committed “animal cruelty.”

Racehorse Trainer Avoids Sanctions For Doping Violation

The Ohio State Racing Commission's order penalizing a horse trainer for a positive D-methamphetamine test was invalid because the Commission failed to establish that it had promulgated a rule or issued an order classifying D-methamphetamine as a prohibited foreign substance, despite relying on ARCI guidelines that were never formally adopted.

Break In Sample Chain Of Custody Is No Defense In HISA Banned Substance Case

A thoroughbred racehorse trainer whose first-place finisher tested positive for the banned substance Metformin, a diabetes drug prohibited by the Horseracing Integrity and Safety Authority (“HISA”) for use in racehorses, lost his appeal of the penalties imposed upon him for the violation.

Racing Commission Must Prove Test Results With Live Testimony From Lab Director

Thoroughbred racehorse trainer Todd Pletcher successfully challenged a “bute” overage in a sixth place finisher he trained in a race at Saratoga Racecourse in 2022. The violation would have cost him a $2000 fine, a 14-day suspension, which penalties Pletcher will avoid (for the time being) by winning the lawsuit he filed in New York…

Federal Lawsuits In Kentucky and Ohio Challenge HISA’s Fee Assessment Formula

Racetrack operator Churchill Downs, Inc., and thoroughbred racehorse trade association Horsemen’s Benevolent & Protective Association (“HBPA”), have filed federal lawsuits against the Horseracing Integrity & Safety Authority, Inc. (“HISA”), challenging the fees HISA has charged them pursuant to the Horseracing Integrity and Safety Act.

Equine Activity Legislation

Passage of equine activity liability acts gained momentum in the 1990’s. 48 STATES HAVE SOME FORM OF EQUINE ACTIVITY LAW limiting the liability of equine activity sponsors for accidents resulting from risks inherent to the sport. The Current List: Alabama, Alaska, Arizona, Arkansas, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky,…

HISA Bans Veterinarian From Racing For Violating Anti-Doping Rules

A racetrack veterinarian has been banned from racing after the Horseracing Integrity and Safety Authority (HISA) and the Horseracing Integrity & Welfare Unit (HIWU) pursued cases against him and 13 trainers in connection with what HISA called a “conspiracy” to “evade HISA rules designed to protect and enhance the health and safety of horses and…

Drug-Compounding Company Executive Faces Criminal Charges Related To “Kickback” Deals With Equine Veterinarians

The United States Attorney’s Office for the Southern District of New York is pursuing criminal charges against the executive of a drug-compounding company over what it alleges to be an unlawful conspiracy between them and a number of equine veterinarians. Specifically, the indictment accuses the executive “with participating in a conspiracy to distribute an adulterated…

USEF Board Approves Organizational Position Statements Related To Horse Welfare

The USEF Board recently approved position statements for the organization on Equine Overuse and on Equine Safety and Welfare. The Equine Safety and Welfare statement emphasizes US Equestrian’s commitment to ensuring horses are fit to compete, maintaining optimal conditions for equine welfare, increasing uniformity, integrity and clarity through oversight, providing lifetime care for horses, and…

FEI Tribunal Issues Consent Awards In Equine Anti-Doping Cases

The FEI Tribunal has issued a Consent Award in an equine anti-doping case involving a Banned Substance. In this case, the horse Hadar du Vallois (FEI ID 108TS04/KSA), ridden by Abdullah H N H Al Deehani (10042945/KUW), tested positive for the Banned Substance Nandrolone, following samples taken at the CEI1*100 - Al Ula (KSA) 8…