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  1. #1

    Default Kicked by a Mule, Shattered Knee

    I was participating in a 50 mile cross country horse race. I am a professional horse trainer and considered a "Expert" in this field. A person I know from the races (have known for about 5yrs) is known to be "reckless" and not the sharpest knife in the drawer put his young son (age 9?) on a mule and entered the race. This kid has raced in prior races with success. Rules of this sport say a Jr. Rider must have an adult with them during the race and with in so many feet. This was the case during this race. The jr rider was on the mule, dad was on his horse, they were riding together. I was in front and they wanted to go around (they were racing faster). I pulled over and we all STOPPED to rest and let horses nibble grass. Dad went by me on his horse at a safe distance, Jr. came by and just as he came by his mule got very aggressive, Jr lost control and was dumped off. Mule kicks at my horse in a very aggressive manner and ended up getting me directly in knee, shattering it in 8places. I was taken out of the race in ambulance and long story short have endured many surgeries, have not raced again and am told I need a complete knee replacement (I am 44yrs old) and will never ever be the same. I know for a fact as do others this mule has kicked and been aggresive in the past and people have come forward stating a jr rider should have never been allowed to ride the mule or enter it at all. I have lost my income from training, have $10,000's in medical bills, plus the everyday of horrific pain (my femur sits now directly on my knee cap). Since this happend the dad called me ONCE to say how sorry he was the "accident" happend and thats been it, no other communication what so ever. I signed a release stating I would not hold the race promoters liable (this is always done by entrants). I am in Calif, this happend last April, so the year is coming to a close pretty soon. What should I do? I'm going bankrupt here very quickly.

  2. #2
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Kicked by a Mule, Shattered Knee

    The father is responsible for any torts of the son, and may also be liable directly for knowingly racing a dangerous animal.

    I would guess the father has homeowners insurance. I would guess he has assets if he can afford to keep a mule and horses and race them.

    You should have gone to an attorney and filed a claim against his insurance company long before this.

    Immediately see a personal injury attorney and commence a civil action before the statute of limitations expires. You don't really have a claim against those putting on the race even without the agreement. But you do have a claim against the son and father. The father is legally responsible.

  3. #3
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Kicked by a Mule, Shattered Knee

    Just because you released the race promoters from liability, doesn't mean Dad is off the hook.

    If you're creeping up on the end of the SOL, you need to get in to see a personal injury attorney NOW to take action. This really ought to have been done right after your injury, but I realize that people don't want to seem "sue happy", even when they have legitimate reason to sue.

    First thing today, or Monday at the latest, consult with a personal injury attorney in your area to discuss the possibility of a civil suit.

  4. #4
    Join Date
    Mar 2010
    Location
    San Antonio
    Posts
    14

    Default Re: Kicked by a Mule, Shattered Knee

    If I've seen one mule related accident, I've seen 1000. When will the madness end?

  5. #5
    Join Date
    Jul 2009
    Posts
    249

    Default Re: Kicked by a Mule, Shattered Knee

    What should I do?
    Lawyer up ASAP. You have real damages. And the liability waiver might not be enforceable for any number of reasons. I'd be sure to take whatever evidence you had of the mule's aggression history to the lawyer's office with you.

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