Faulty Tack Revisited

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If you don’t like the weather in Kentucky, an old saying goes, wait a few minutes and it will change. The same often is true for court decisions. If you think one court got it wrong, there probably will be another decision from a different court that reaches an opposite conclusion.

A few months ago, I shared an appellate decision in Maine that expanded the conventional idea of “faulty tack” to include a functional, working-order saddle that might have been used in an improper manner. The case involved a child who was injured when the saddle slipped on a pony she was riding. The court concluded that using a fleece-covered girth on a fat pony with withers that might charitably be called less-than-prominent amounted to providing faulty tack, even though neither the saddle nor the girth nor the cover had any physical defects

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