Nelly Negligence Case Study

Jones will not be regarded as willful or wanton disregard of Vega's safety for failing to disclose Nelly tendency of flicking hats off because he did not have actual knowledge of potential danger. The Texas exceptions to the limitation on liability for farm animal activities provide one exception of willful or wanton disregard for participant's safety which may invoke the liability. §87.004(4). Willful and wanton disregard means, "the entire want of care" which raises the belief that the "act or omission complained," was the result of "conscious indifference" to the "welfare of the person" who affected by it. Young v. McKim, 373 S.W.3d 776, 783 (Tex. App. 2007); Little, 236 S.W.3d at 334. It is the same standard as "gross negligence." Young, …show more content…
For instance, a Georgia court sets a higher standard of negligence than Texas court. Holcomb v. Long, 329 S.E.2d 687, 783 (Ga. App. 2014). The court of appeal of Georgia held that the "willful conduct" or "willful failure" to perform a duty is more than even "gross negligence." Id. The standard of conduct is criminal or quasi-criminal in nature. Id. The court suggests that a person noticed that the saddle is beginning to loosen but fail to re-tighten it or warn the participant may establish negligence or at most gross negligence but not criminal standard of negligence. …show more content…
The Massachusetts trial court held that knowledge of an equine's particular tendency which may put a person in danger, failing to warn that person about such behaviors, may rise to willful and wanton disregard for the person's safety. Konan v. George, No. 20000710B, 2002 WL 1020734 (Mass. Super. Ct. Mar. 14, 2002). The standard is simply the "negligence" standard. Id. When the sponsor or owner knows that the horse dislikes being ridden in the "wrong" direction, failing to warn the participant to meet the level of negligent. Konan, 2002 WL 1020734, at