In a decision handed down on February 26, 2007, the Colorado Supreme Court raised significant questions concerning the scope and application of Colorado’s Equine Activities Statute. The statute, codified at Colorado Revised Statutes 13-21-119, et seq., limits the liability of equine activity sponsors and professionals for injuries or death suffered as a result of the inherent risk associated with equine activities.

The case is Clyncke v. Waneka. Ms. Waneka sued the Clynckes for injuries she suffered after falling from a horse provided by the Clynckes during a horse roundup organized by the Clynckes. Ms. Waneka had ridden with the Clynckes before. Indeed, on the morning of her accident, she had ridden the same horse on a cattle drive on the Clynckes’ property without incident.

At trial, Ms. Waneka argued that the Clynckes were liable because she was not able to manage the horse they provided her and because they allowed her to participate in a riding activity (the horse roundup) unsuited to her ability level. The jury rejected Ms. Waneka’s claims and found for the Clynckes.

Ms. Waneka appealed to the Colorado Court of Appeals, arguing that the trial judge misconstrued the statute and erroneously instructed the jury as to what she had to prove to win her case. The Court of Appeals agreed with Ms. Waneka and rejected the jury’s verdict, sending the case back for a new trial. The Court of Appeals based its decision on a tortured interpretation of key sections of the statute.

The Clynckes appealed to the Colorado Supreme Court, which handed down its ruling on February 26, 2007. The Supreme Court agreed with the Court of Appeals, though for different reasons. It, too, engaged in a further tortured, though different, interpretation of the statute, and sent the case back to the trial court for a new trial. Whether the case will settle before a new trial is held remains to be seen.

The Supreme Court’s decision effectively shifted the burden of proof from a claimant to the equine activity sponsor/professional and interpreted the statute differently than has been the case to date. Whether that is what the Legislature intended is an open question. The Colorado Horse Council will consider how best to pursue the problem, including possible resort to the Legislature. We will keep our members posted through our newsletter and the Colorado Horse Council web site (www.coloradohorsecouncil.com).