Smith v. Landfair

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Ohio's equine-activities-immunity statute, Ohio Rev. Code 2305.321, provides immunity from liability for harm sustained by an equine activity participant allegedly resulting from the inherent risk of equine activities. In this case the Supreme Court was asked to determine when an injured person is a "spectator" and therefore an "equine activity participant" whose claim for damages is barred by statute. Appellee assisted in the care and management of horses and was kicked in the head by a horse when she went to the aid of Appellant, who was unloading an untrained horse from its trailer. Appellant argued that he was immune from liability pursuant to section 2305.321. The trial court concluded that the statute barred Appellee's claim because (1) she was a spectator, i.e., she was present at the unloading of the horse and "noticed" that event, and (2) thus, Appellee was an "equine activity participant" when she was injured. The court of appeals reversed. The Supreme Court reversed, holding that one who purposely places herself in a location where equine activities are occurring and who sees such an activity is a "spectator" and hence an "equine activity participant" within the meaning of section 2305.321(A)(3)(g). Remanded. View "Smith v. Landfair" on Justia Law