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Volume 163, No. 168 Serving Chicago’s legal community for 163 years Equestrian laws: Are you in or out?

he dangerous nature club even sent its out for purpose of the bill was to de - of equestrian activi - testing and requested the Ameri - crease the number of head in - ties and the need for can Society of Testing and Mate - juries resulting from horseback increased safety rials, which had developed riding accidents and was sup - measures has become standards for other ported by the fact that other Ta hot topic over the past several sports, to develop standards for sports less dangerous than years with accidents including equestrian helmets. BY YVONNE horseback riding, such as bicycle crashes on the race track, falls In 1990, the society published riding, already had mandatory on cross country and, perhaps the specifications which are now C. O CRANT helmet laws. most notably, the fall of former recognized as the safety stan - The law also requires any Olympic rider Courtney dard for helmets used in the ma - Yvonne C. Ocrant is a partner with provider to provide hel - King-Dye without wearing a hel - jority of equestrian sports. The Hinshaw & Culbertson LLP with a mets to beginning riders and rid - met and leaving her permanently Safety Equipment Institute is a focus on equine law. She presents and ers under 14-years-old and to brain damaged. separate nonprofit organization publishes extensively on equine law offer helmets to all riders regard - Reviewing these and other which certifies protective equip - issues, litigates equine matters, less of age or experience and equestrian-related accidents ment, including the shock-ab - mediates equine disputes, and drafts provide helmet safety informa - proves that helmets can, and do, sorbing capacity of helmets, the equine industry contracts and liability tion to all riders. minimize injuries. As a result, effectiveness of the harness releases. Ontario, Canada, enacted a state and local strap to hold the helmet in place statute in 2001 after a rider’s legislation has been proposed to during a fall and the helmet’s concluded that a helmet might horse bolted and she fell from require helmets in equestrian ability to handle extreme tem - have saved her life. her saddle with her foot tangled events, some defining the type of peratures. Ironically, approximately two in a stirrup and dragged about helmet, the equestrian event In 1983, the pony club adopted weeks after the girl’s accident, 150 meters — she was not wear - and/or the age of the participant. the new standard for helmets. her 14-year-old friend fell from a ing a helmet. The owner of the While the increased protection The club safety study showed a horse and was kicked in the ranch and the head trail guide helmets provide is arguably 26 percent decrease in the num - head. The boy survived with only were arrested and charged with undisputable, the need for legis - ber of reported head injuries and minor injuries while his cracked criminal negligence. lation mandating helmets in a 62 percent decrease in the and demolished helmet likely The Ontario statute requires equine activities is a continuing number of facial injuries when saved his life. anyone under the age of 18 to debate. comparing figures from before In Illinois, there is no city, wear a helmet while riding a This article introduces the de - the 1983 standard and those state or federal law mandating horse and requires any premises velopment of equestrian helmet from 1983 to 1990. helmets to be worn by equine ac - containing a horse-riding estab - laws and outlines the current Development of helmet laws tivity participants. lishment to post a sign stating state of legislation and debate on and ordinances As in any state, Illinois horse that: “Helmets to be worn by all the issue. Equestrian helmet legislation boarding agreements, equestrian persons under age 18.” Introduction to helmets in often arises out of tragic acci - facility rules, written liability re - Norco, Calif., enacted an ordi - equine activities dents where injuries could have leases and/or equestrian compe - nance in 2007 after a Christmas Equestrian helmet legislation been lessened or lives saved if an tition association rules may Eve death of a 12-year-old Norco began with the horse-racing in - approved equestrian helmet had require a participant to wear a resident who was thrown from a dustry. In 1956, LeRoy been worn. helmet while engaged in equine horse and suffered massive head Nelson died from head injuries Plantation, Fla., became the activities. injuries. sustained at the Caliente Race - first city in the United States to Illinois equine activity partici - Florida passed a statewide law track in Tijuana, Mexico. adopt mandatory helmet legisla - pants, not otherwise governed by in 2009 after a 12-year-old Loxa - As a result, the California tion by enacting an ordinance re - a contractual or association re - hatchee resident, not wearing a Board made it quiring children under the age of quirement, have the right to helmet, died from injuries sus - mandatory for all riders to 16 to use approved helmets when choose to ride with or without a tained after a horse she was rid - wear a helmet while exercising riding on public property protective helmet. ing backed into a tree and fell or racing horses on tracks in and parents and horse providers New York became the first over. California. were required to enforce this law. state to mandate helmet use for Some states have tried and The United States Pony Club The law became effective in minors (under the age of 14) in failed to enact legislation, and has always required helmets and 1999 after a 15-year-old girl died 1999 after a 23-year-old woman some have revised their pro - has been credited with develop - when her horse bolted into a fire from Buffalo died as a result of posed bills which eventually be - ing the first protective for hydrant and threw her to the falling from a Western saddle came law. For example, non-racing equine activities. The pavement. The medical examiner during a trail ride. The general California and Texas have both

Copyright © 2018 Law Bulletin Media. All rights reserved. Reprinted with permission from Law Bulletin Media. introduced bills that have failed. Opposition to helmets and sonal decision (like the motorcy - about helmet safety and encour - California critics pointed out helmet laws cle helmet debate) and the en - age members’ use through cam - that competition rules required Challenges to wearing helmets forceability of helmet laws in paigns and rules allowing specific headgear for competi - include the appearance and tra - remote public areas such as helmets without competition tion and that the proposed law dition of those on the market. state parks or if the law is ex - penalties. would require riders to choose to Manufacturers’ attempts to de - panded to private lands. However, equine participants abide by the competition rules or velop helmets which resemble Support for wearing helmets are not so unanimously support - break the state law. They also ad - Western have failed is there, but the support for ive of mandatory helmet legisla - vocated their right to choose the due to their large appearance legislation is not tion. hat of their choice whether be - and size. Opponents challenge Helmet manufacturers, legisla - Most individuals recognize the cause of tradition, heritage or the fit of helmets complaining tures, medical associations and safety risks of being on or other reasons. Notably, now U.S. they are uncomfortable, hot and most equine associations sup - around horses, however, many of Equestrian Federal rules for bulky. port helmet safety. The manufac - these same people feel stronger Western competition state that a They say that helmets only turers publish safety statistics about the freedom of choice helmet may be worn without protect a small part of the body and advocate that all riders wear when it comes to wearing a penalty. and therefore do not offer “com - a helmet meeting the well-recog - helmet. Texas’ proposed bill initially plete” protection and that the nized standards and have No doubt this debate will con - required “ helmets” for all most risk comes only in competi - worked hard to improve the fit tinue and we will continue to fol - rodeo participants under 18 tion and therefore they are not and design to meet customer de - low the published positions. years old. After strong opposi - needed while in training. mands for safety and style. Regardless of whether mandated tion by the Texas High School Some also say that helmets Government legislatures cite by legislation, association rules, Rodeo Association, the bill was are only needed for beginners. injury statistics to encourage hel - facility best practices or peer revised and, with the support of Opposition to mandatory helmet met wearing as in the public in - pressure, this author advocates the association, passed to only legislation includes conflict be - terest to reduce medical costs on for helmet-wearing in all eques - mandate helmets and vests for tween the law and competition the general public. Medical asso - trian activities and hopes that it bull riders under 18 years old. rules, resistance to the govern - ciations support wearing hel - will not take another serious in - Maryland and Massachusetts ment controlling whether an in - mets in all disciplines of jury or death by a public figure are currently considering pro - dividual wears a helmet or not horseback riding. Equine associ - to convince others to do the posed legislation. stating it should be left to a per - ations actively educate members same.

Copyright © 2018 Law Bulletin Media. All rights reserved. Reprinted with permission from Law Bulletin Media.