33rd / 424th District Courts

Set for oral argument on 2/16/05 in the Texas Supreme Court is the following case from the 33rd. Because of the interest in this area generally of equine activities, it may be of fairly broad interest. I granted summary judgment for the camp and was reversed by the 3rd Court ( 124 S.W.3d 633) which held that the immunity was only for factors beyond the control of the camp. (update: the review in the Sup. Ct. was withdrawn).

03-1107
Baskin Family Camps Inc. v. James “Tex” Steeg
from Burnet County and the Third District Court of Appeals, Austin
For petitioner: Rebecca E. Bell, Dallas
For respondent: Derek L. Davis, Austin
The issue is whether the Liability for Equine Activities Act precludes liability for injuries caused by a camp operator’s alleged negligence in supervising a trail ride and in equipping horses for it. In this case Steeg, who was attending an executive retreat, sued after he fell when the horse he was riding abruptly stopped and his saddle slipped. Steeg had indicated to the substitute ride leader that he knew how to ride horses. In his suit Steeg claimed that Baskin failed to have enough trained staff for trail rides and failed to properly train the ride leader on proper saddle use. Baskin moved for summary judgment, arguing that Steeg’s claims were barred by the Liability for Equine Activities Act. The act limits liability for injuries resulting from “dangers or conditions that are an inherent risk of an equine activity” but excludes, among other factors, injuries caused by (1) faulty equipment or tack provided by a sponsor that sponsor should have known was faulty or (2) failing to make a reasonable determination of a participant’s safe riding ability (taking into account the participant’s representations of his or her ability). The trial court granted summary judgment in Baskin’s favor. The court of appeals reversed, holding that the act only shielded sponsors like Baskin from liability for factors beyond their control.

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