Comments:
Sun Fan
1 points

Look what I found on Arty Nichols. His horse bucked and kicked someone in the chest. Yeah Arty sounds like your horse reallllly likes being a Carriage horse..He even asks for legal advice to see if Arty (scumbag) is liable. See below:
Dear Ms. Fershtman,

I have a horse drawn carriage business. A driver of mine (part timer) was kicked by my horse while driving. The horse buck kicked backwards through the front dash into the drivers chest causing driver to be thrown from carriage resulting in further injury. Horse was fairly new driven 31 times before the accident. The second time this particular driver drove him. Is the owner liable?

New York State, no workers comp or employment contract in place.

Thanks,

Arty Nichols

A:
Mr. Nichols owns a horse used in his horse-drawn carriage business. A part-time worker was seriously hurt on the job. Mr. Nichols had no worker's compensation insurance in place and there was no "employment contract" in writing, either (but I seriously doubt that an employee can legally release an employer from liability, anyhow). Mr. Nichols, who hails from New York, wants to know if he might be liable for the consequences.

Mr. Nichols, it seems, has found himself in some legal hot water. My best suggestion to him is to direct his questions IMMEDIATELY to a New York lawyer or to a lawyer who can hit the books for him on NY law. He would want authoritative answers to these questions, for starters:

1. Was Mr. Nichols, as a matter of New York law, required to purchase worker's compensation insurance for the worker at issue? Are there any exemptions that may apply to the situation?

2. If the New York laws REQUIRE worker's comp insurance, and if Mr. Nichols did not procure it, what does NY do under the circumstances? For example, is there a NY fund from which the injured worker can draw for reimbursement of medical costs and lost wages? (And, if so, can that fund turn around and sue Mr. Nichols directly to recoup the $$$ paid out?) Are there penalties that the NY statutes impose on uninsured employers (like making Mr. Nichols personally liable)?

3. Does NY Law recognize an assumption of risk argument for folks injured on the job? (Most states would prefer to protect injured workers and would abandon such an argument in an employer/employee setting -- but you never know.) New York HAS recognized assumption of risk when folks who are equine industry professionals are hurt doing their job [See the case of Ron Turcotte v. Fell, for example].

4. What "damage control" can and should Mr. Nichols do now? Should he now procure worker's comp for his other workers?

5. Finally, if things are looking bad, a competent NY lawyer can advise on "planning ahead" for possible liability by getting certain finances in order. I would suggest that any efforts folks like Mr. Nichols make in this regard be done with the direct help -- in advance -- by a knowledgeable lawyer. Doing it wrong could expose folks to liabilities for fraudulent conveyances and under other theories.

Best wishes to Mr. Nichols for good, focused legal advice from a lawyer who can hit the books for him. I hope the outcome turns out favorable.
(NOTE: The above is not to be deemed the rendering of legal advice; legal advice is only given in an attorney client relationship where the lawyer receives specific facts. Direct your questions to a knowledgeable attorney.)

-- Julie Fershtman

observer

You obviously are affiliated with the industry because how would you know it's FILLED WITH LIES. Oh and I supposed the movie BLINDERS is also filled with lies. You're most likely one of the lowlifes making your living off of these horses instead of getting an education and a real job.

Jenny

It's amazing how some people can be quite ignorant. Obviously this person needs a lot of education regarding the horse carriage industry. Although unfortunately if this person so chooses to think the way he does, no amount of education will change his mind.

As far I am concerned that "hair" will not grow back. As a pet owner and volunteer I have seen hurt and abused animals bearing scars from negligence. Their hair does not grow back.

Monty's scars from the constant chafing will not grow just like a scar on your body. This scar is an interruption to hair follicle growth. A scar will most likely be permanent. Hair will not and cannot grow back for reasons such as hormone deficiencies (which is probably common among carriage horses since they are malnourished), equine anhidrosis, etc.

According to veterinary journals, equine anhidrosis is [the]'"inappropriate response to prolonged climatic stress (generally combined high heat and humidity)."'

Sun Fan
1 points

If you think "Monty's permanent scars" are justifiable from his halter and that his hair "can easilry grow back" then you and your colleagues are more despicable than I thought. Would you wear a belt or a headband that would wear off your hair? I don't think so. I'm glad this article presents the facts. People like you have no place being responsible for animals. I believe Ms. Quinn is an intelligent woman with plenty of issues on her plate and eventually will change her mind and help forge ahead with more rights for these obvious abused animals.

Arty Nichols

" Monty's permanent scars" ,is simply his hair worn off from contact with the halter ( it can easily grow back!). Interestingly enough, the picture is taken when the horse has a winter coat so as to make it look more serious. This fact and this alone shows the bias and ignorance the Horse and Carriage Industry has to deal with on a daily basis. If you do not know anything about horses your words are meaningless.

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