Horses and garbage trucks

February 13, 2013

  • 48A Automobiles
  • 48AV Injuries from Operation, or Use of Highway
  • 48AV(A) Nature and Grounds of Liability
  • 48Ak177 Frightening Animals
  • 48Ak177(4) k. Manner of Operating Vehicle.

48A AutomobilesDriver of garbage truck who was emptying trash container into truck while in parking lot which was adjacent to public bridle path did not breach limited duty of care owed to rider of horse on path, and was not liable for injuries suffered by rider after horse became frightened by operation of truck; nothing indicated that driver operated truck in anything but regular and necessary manner of garbage truck acting like a garbage truck, or that driver knew in time to take adequate countermeasures that horse had actually become frightened or that he thereafter neglected to take reasonable steps to avoid increasing risk to rider.
Parsons v. Crown Disposal Co., 936 P.2d 70 (Cal. 1997)
Suggested by Jacob Reynolds, Hutchison & Steffen, Las Vegas, NV