This report was passed along from one of our Northern Kentucky Members, which is a report on a Ohio Supreme Court decision involving injury to a person at a horse farm. Note that the opinion addresses details of the Ohio statute language, which is different from Kentucky's Farm Activity statute. However, the opinion is of interest to all who participate in equine activities.
Ohio Supreme Court issued notice December 6th 2012 that it has decided Smith v. Landfair, 2012-Ohio-5692 (2012).
The Court agreed with the argument advanced by Ohio Horseman's Council Inc. President Tom Green as amicus curiae (friend of the Court), and reversed the Ninth District Court of Appeals, concluding that Defendant Mr. Landfair was immune from the injury claim of Plaintiff Ms. Smith because Smith was a “spectator” and therefore an “equine activity participant” within the meaning of Revised Code 2305.321(A)(3)(g) (the equine activities immunity statute).
The vote was 6 – 1, with the majority opinion written by Justice Lanzinger and the sole dissent by Justice Pfeifer.
This outcome is favorable to the horse community because it broadly applies immunity to the claims of anyone who purposefully places him or herself in a location where equine activities are occurring, who sees such activities and who sustains an injury as a result of those activities. The opinion is well written and well reasoned.
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