Kane v. Majoda Stables, 2016 N.J. Super . Unpub. LEXIS 993 (May 2, 2016)

New Jersey Equine Activities Liability Act does not bar a fall from a mule.

The plaintiff fell after attempting to mount a mule that walked away. The dismissal was reversed as the claim was not barred. There was a question of fact as to whether the instructor permitted the attempt, knowing that the plaintiff was unable to do so or by failing to make reasonable efforts to determine the plaintiff’s ability to safely manage the animal.

Case Law Alerts, 3rd Quarter, July 2016

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