Am I responsible for owner's injuries since he was injured trying to load a horse he was giving me?
Full Question:
Answer:
Your dispute with the owner regarding the offer and acceptance of the horse will likely be governed by contract law. You should carefully review any agreement you entered into with the owner regarding your rights and obligations, including expectations of size and loading capacity of the horse. Your liability for the owner's injuries sustained in or near your trailer will likely be governed by negligence and perhaps, premises liability law (if a similar theory can be applied to personal property such as the trailer), and will depend on a court's interpretation of the facts. The following is general information regarding contract law, negligence law, premises liability law, and California small claims courts (which offer a quick, informal and inexpensive way of resolving many types of disputes).
Contracts are agreements that are legally enforceable. A contract is an agreement between two parties that creates an obligation to do or refrain from doing a particular thing. The purpose of a contract is to establish the terms of the agreement by which the parties have fixed their rights and duties. An oral contract is an agreement made with spoken words and either no writing or only partially written. An oral contract may generally be enforced the same as a written agreement. However, it is much more difficult with an oral contract to prove its existence or the terms. Oral contracts also usually have a shorter time period within which a person seeking to enforce their contract right must sue. A written contract generally provides a longer time to sue than for breach of an oral contract. Contracts are mainly governed by state statutory and common (judge-made) law and private law. Private law generally refers to the terms of the agreement between the parties, as parties have freedom to override many state law requirements regarding formalities of contracts. Each state has developed its own common law of contracts, which consists of a body of jurisprudence developed over time by trial and appellate courts on a case-by-case basis.
An unjustifiable failure to perform all or some part of a contractual duty is a breach of contract. A legal action for breach of contract arises when at least one party's performance does not live up to the terms of the contract and causes the other party to suffer economic damage or other types of measurable injury. A lawsuit for breach of contract is a civil action and the remedies awarded are designed to place the injured party in the position they would be in if not for the breach. Remedies for contractual breaches are not designed to punish the breaching party. The five basic remedies for breach of contract include the following: money damages, restitution, rescission, reformation, and specific performance. A money damage award includes a sum of money that is given as compensation for financial losses caused by a breach of contract. Parties injured by a breach are entitled to the benefit of the bargain they entered, or the net gain that would have accrued but for the breach. The type of breach governs the extent of damages that may be recovered. Restitution is a remedy designed to restore the injured party to the position occupied prior to the formation of the contract. Parties seeking restitution may not request to be compensated for lost profits or other earnings caused by a breach. Instead, restitution aims at returning to the plaintiff any money or property given to the defendant under the contract. Plaintiffs typically seek restitution when contracts they have entered are voided by courts due to a defendant's incompetence or incapacity. Rescission is the name for the remedy that terminates the contractual duties of both parties, while reformation is the name for the remedy that allows courts to change the substance of a contract to correct inequities that were suffered. In order to have a rescission, both parties to the contract must be placed in the position they occupied before the contract was made. Courts have held that a party may rescind a contract for fraud, incapacity, duress, undue influence, material breach in performance of a promise, or mistake, among other grounds. Specific performance is an equitable remedy that compels one party to perform, as nearly as practicable, his or her duties specified by the contract. Specific performance is available only when money damages are inadequate to compensate the plaintiff for the breach
Promissory estoppel is a term used in contract law that applies where, although there may not otherwise be an enforceable contract, because one party has relied on the promise of the other, it would be unfair not to enforce the agreement. Promissory estoppel arises from a promise which the promisor should reasonably expect to induce action or forebearance of a definite and substantial character on the part of the promisee and which does induce such action or forebearance in binding if injustice can be avoided only by enforcement of the promise. Detrimental reliance is a term commonly used to force another to perform their obligations under a contract, using the theory of promissory estoppel. Promissory estoppel may apply when a promise was made; reliance on the promise was reasonable or foreseeable; there was actual and reasonable reliance on the promise; the reliance was detrimental; and injustice can only be prevented by enforcing the promise. Detrimental reliance must be shown to involve reliance that is reasonable, which is a determination made on an individual case-by-case basis, taking all factors into consideration. Detrimental means that some type of harm is suffered. Reasonable reliance is usually referred to as a theory of recovery in contract law. It was what a prudent person might believe and act upon based on something told by another. Sometimes a person acts in reliance on the promise of a profit or other benefit, only to learn that the statements or promises were either incorrect or were exaggerated. The one who acted to their detriment in reasonable reliance may recover damages for the costs of his/her actions or demand performance. Reasonable reliance connotes the use of the standard of ordinary and average person.
The law of negligence requires that persons conduct themselves in a manner that conforms with certain standards of conduct. Where a person's actions violate those standards, the law requires the person to compensate someone who is injured as a result of this act. In some instances, the law of negligence also covers a person's omission to act. Negligence generally consists of five elements, including the following:
(1) a duty of care owed by the defendant to the plaintiff;
(2) a breach of that duty;
(3) an actual causal connection between the defendant's conduct and the resulting harm;
(4) proximate cause, which relates to whether the harm was foreseeable; and
(5) damages resulting from the defendant's conduct.
The outcomes of some negligence cases depend on whether the defendant owed a duty to the plaintiff. Such a duty arises when the law recognizes a relationship between the defendant and the plaintiff, and due to this relationship, the defendant is obligated to act in a certain manner toward the plaintiff. Where a reasonable person would find that a duty exists under a particular set of circumstances, the court will generally find that such a duty exists. A defendant is liable for negligence when the defendant breaches the duty that the defendant owes to the plaintiff. A defendant breaches such a duty by failing to exercise reasonable care in fulfilling the duty. Unlike the question of whether a duty exists, the issue of whether a defendant breached a duty of care is decided by a jury as a question of fact. Under the traditional rules in negligence cases, a plaintiff must prove that the defendant's actions actually caused the plaintiff's injury. Proximate cause relates to the scope of a defendant's responsibility in a negligence case. A defendant in a negligence case is only responsible for those harms that the defendant could have foreseen through his or her actions. If a defendant has caused damages that are outside of the scope of the risks that the defendant could have foreseen, then the plaintiff cannot prove that the defendant's actions were the proximate cause of the plaintiff's damages.
Premises liability involves the responsibility of property owners to maintain safe conditions for people coming on or about the property. If a person slips, trips, or falls as a result of a dangerous or hazardous condition, the property owner may be fully responsible. Property owners are generally held accountable for falls as a result of water, ice, or snow, as well as abrupt changes in flooring, poor lighting, or a hidden hazard, such as a gap or hard to see hole in the ground. Several categories of persons to whom a property owner may be liable exist, and the duties of protection owed to each group are specific. If a person is invited onto a property, the land possessor is generally obligated to exercise some care with respect to the person's safety. At the least, the land possessor must warn the person about dangers that are present on the property. A possessor of land does not, generally, however, owe a duty to a person who enters the land without the occupier's permission. Once the owner is aware of the trespasser's presence or can reasonably anticipate such presence from the circumstances, then the owner has a duty to exercise ordinary care to avoid injuring the trespasser. A person creating a condition causing the injury, while acting under direction of the owner or possessor, may also be liable. The duties of a premises owner are typically nondelegable. If the owner remains in possession, the owner cannot escape responsibility merely because he contracted with a company to provide maintenance.
Defenses in a negligence suit include comparative fault and assumption of the risk. Under traditional tort law, a defendant could avoid liability by proving contributory negligence on the part of the plaintiff. Contributory negligence occurs when a plaintiff's conduct falls below a certain standard necessary for the plaintiff's protection, and this conduct cooperates with the defendant's negligence in causing harm to the plaintiff. Another defense that traditionally has barred recovery for a plaintiff applies when a plaintiff has assumed the risk involved in an obviously dangerous activity but proceeded to engage in the activity anyway. In order for this doctrine to apply, the plaintiff must have actual, subjective knowledge of the risk involved in the activity. The plaintiff must also voluntarily accept the risk involved in the activity.
The following are California statutes:
§ 116.210 Civ. Proc.
In each superior court there shall be a small claims division. The
small claims division may be known as the small claims court.
116.220.
(a) The small claims court has jurisdiction in the following
actions:
(1) Except as provided in subdivisions (c), (e), and (f), for recovery
of money, if the amount of the demand does not exceed five thousand dollars
($5,000).
(2) Except as provided in subdivisions (c), (e), and (f), to enforce
payment of delinquent unsecured personal property taxes in an amount not to
exceed five thousand dollars ($5,000), if the legality of the tax is not
contested by the defendant.
(3) To issue the writ of possession authorized by Sections 1861.5 and
1861.10 of the Civil Code if the amount of the demand does not exceed five
thousand dollars ($5,000).
(4) To confirm, correct, or vacate a fee arbitration award not
exceeding five thousand dollars ($5,000) between an attorney and client
that is binding or has become binding, or to conduct a hearing de novo
between an attorney and client after nonbinding arbitration of a fee
dispute involving no more than five thousand dollars ($5,000) in
controversy, pursuant to Article 13 (commencing with Section 6200)
of Chapter 4 of Division 3 of the Business and Professions Code.
(b) In any action seeking relief authorized by subdivision (a), the court
may grant equitable relief in the form of rescission, restitution,
reformation, and specific performance, in lieu of, or in addition to, money
damages. The court may issue a conditional judgment. The court shall retain
jurisdiction until full payment and performance of any judgment or order.
(c) Notwithstanding subdivision (a), the small claims court has
jurisdiction over a defendant guarantor as follows:
(1) For any action brought by a natural person against the Registrar
of the Contractors' State License Board as the defendant guarantor, the
small claims jurisdictional limit stated in Section 116.221 shall apply.
(2) For any action against a defendant guarantor that does not charge a
fee for its guarantor or surety services, if the amount of the demand does
not exceed two thousand five hundred dollars ($2,500).
(3) For any action brought by a natural person against a defendant
guarantor that charges a fee for its guarantor or surety services, if the
amount of the demand does not exceed six thousand five hundred dollars
($6,500).
(4) For any action brought by an entity other than a natural person
against a defendant guarantor that charges a fee for its guarantor
or surety services or against the Registrar of the Contractors' State
License Board as the defendant guarantor, if the amount of the demand
does not exceed four thousand dollars ($4,000).
(d) In any case in which the lack of jurisdiction is due solely to an
excess in the amount of the demand, the excess may be waived, but any
waiver is not operative until judgment.
(e) Notwithstanding subdivision (a), in any action filed by a plaintiff
incarcerated in a Department of Corrections and Rehabilitation facility,
the small claims court has jurisdiction over a defendant only if the
plaintiff has alleged in the complaint that he or she has exhausted his
or her administrative remedies against that department, including compliance
with Sections 905.2 and 905.4 of the Government Code. The final
administrative adjudication or determination of the plaintiff's
administrative claim by the department may be attached to the complaint
at the time of filing in lieu of that allegation.
(f) In any action governed by subdivision (e), if the plaintiff fails to
provide proof of compliance with the requirements of subdivision (e) at the
time of trial, the judicial officer shall, at his or her discretion, either
dismiss the action or continue the action to give the plaintiff an
opportunity to provide that proof.
(g) For purposes of this section, "department" includes an employee
of a department against whom a claim has been filed under this
chapter arising out of his or her duties as an employee of that department.
§ 116.221 Civ. Proc.
[EDITORS' NOTE: SEE BELOW FOR ADDITIONAL VERSION OF THIS SECTION ADDED
BY
Stats. 2005 c. 618, sec. 2.]
In addition to the jurisdiction conferred by Section 116.220, the small
claims court has jurisdiction in an action brought by a natural person,
if the amount of the demand does not exceed seven thousand five hundred
dollars ($7,500), except for actions otherwise prohibited by
subdivision (c) of Section 116.220 or subdivision (a) of Section 116.231.
(Added by Stats. 2005, c. 600, sec. 2.)
§ 116.221 Civ. Proc.
[EDITORS' NOTE: SEE ABOVE FOR ADDITIONAL VERSION OF THIS SECTION ADDED
BY
Stats. 2005 c. 600, sec. 2.]
In addition to the jurisdiction conferred by Section 116.220, the small
claims court has jurisdiction in an action brought by a natural person,
if the amount of the demand does not exceed seven thousand five hundred
dollars ($7,500), except for actions otherwise prohibited by
subdivision (c) of Section 116.220 or subdivision (a) of Section 116.231.
§ 116.222 Civ. Proc.
[EDITORS' NOTE: SEE BELOW FOR ADDITIONAL VERSION OF THIS SECTION ADDEDBY
Stats. 2005 c. 618, sec. 3.]
If the action is to enforce the payment of a debt, the statement
of calculation of liability shall separately state the original debt, each
payment credited to the debt, each fee and charge added to the debt, each
payment credited against those fees and charges, all other debits
or charges to the account, and an explanation of the nature of those fees,
charges, debits, and all other credits to the debt, by source and
amount.
(Added by Stats. 2005, c. 600, sec. 3.)
§ 116.222 Civ. Proc.
[EDITORS' NOTE: SEE ABOVE FOR ADDITIONAL VERSION OF THIS SECTION ADDED
BY
Stats. 2005 c. 600, sec. 3.]
If the action is to enforce the payment of a debt, the statement
of calculation of liability shall separately state the original debt, each
payment credited to the debt, each fee and charge added to the debt, each
payment credited against those fees and charges, all other debits
or charges to the account, and an explanation of the nature of those fees,
charges, debits, and all other credits to the debt, by source and
amount.
§ 116.225 Civ. Proc.
An agreement entered into or renewed on or after January 1, 2003,
establishing a forum outside of California for an action arising from an
offer or provision of goods, services, property, or extensions of credit
primarily for personal, family, or household purposes that is otherwise
within the jurisdiction of a small claims court of this state is contrary
to public policy and is void and unenforceable.
§ 116.230 Civ. Proc.
(a) In a small claims case, the clerk of the court shall charge and
collect only those fees authorized under this chapter.
(b) If the party filing a claim has filed 12 or fewer small claims in
the state within the previous 12 months, the filing fee is the
following:
(1) Thirty dollars ($30) if the amount of the demand is one thousand
five hundred dollars ($1,500) or less.
(2) Fifty dollars ($50) if the amount of the demand is more than one
thousand five hundred dollars ($1,500) but less than or equal to five
thousand dollars ($5,000).
(3) Seventy-five dollars ($75) if the amount of the demand is more than
five thousand dollars ($5,000).
(c) If the party has filed more than 12 other small claims in the state
within the previous 12 months, the filing fee is one hundred dollars
($100).
(d)
(1) If, after having filed a claim and paid the required fee under
paragraph (1) of subdivision (b), a party files an amended claim
or amendment to a claim that raises the amount of the demand so that the
filing fee under paragraph (2) of subdivision (b) would be charged, the
filing fee for the amended claim or amendment is twenty dollars ($20).
(2) If, after having filed a claim and paid the required fee under
paragraph (2) of subdivision (b), a party files an amended claim
or amendment to a claim that raises the amount of the demand so that the
filing fee under paragraph (3) of subdivision (b) would be charged, the
filing fee for the amended claim or amendment is twenty-five dollars
($25).
(3) If, after having filed a claim and paid the required fee under
paragraph (1) of subdivision (b), a party files an amended claim
or amendment to a claim that raises the amount of the demand so that the
filing fee under paragraph (3) of subdivision (b) would be charged, the
filing fee for the amended claim or amendment is forty-five dollars
($45).
(4) The additional fees paid under this subdivision are due upon
filing. The court shall not reimburse a party if the party's claim is
amended to demand a lower amount that falls within the range for a filing
fee lower than that originally paid.
(e) Each party filing a claim shall file a declaration with the claim
stating whether that party has filed more than 12 other small claims in
the state within the last 12 months.
(f) The clerk of the court shall deposit fees collected under this
section into a bank account established for this purpose by the
Administrative Office of the Courts and maintained under rules adopted by
or trial court financial policies and procedures authorized by the
Judicial Council under subdivision (a) of Section 77206 of the Government
Code. The deposits shall be made as required under Section 68085.1 of the
Government Code and trial court financial policies and procedures
authorized by the Judicial Council.
(g)
(1) The Administrative Office of the Courts shall distribute six
dollars ($6) of each thirty-dollar ($30) fee, eight dollars ($ 8) of each
fifty-dollar ($50) fee, ten dollars ($10) of each seventy-five-dollar
($75) fee, and fourteen dollars ($14) of each one hundred-dollar ($ 100)
fee collected under subdivision (b) or (c) to a special account in the
county in which the court is located to be used for the small claims
advisory services described in Section 116.940, or, if the small claims
advisory services are administered by the court, to the court. The
Administrative Office of the Courts shall also distribute two dollars
($2) of each seventy-five-dollar ($75) fee collected under
subdivision (b) to the law library fund in the county in which the court is located.
(2) From the fees collected under subdivision (d), the Administrative
Office of the Courts shall distribute two dollars ($2) to the law library
fund in the county in which the court is located, and three dollars ($3)
to the small claims advisory services described in Section 116.940, or,
if the small claims advisory services are administered by the court, to
the court.
(3) Records of these moneys shall be available from the Administrative
Office of the Courts for inspection by the public on request.
(4) Nothing in this section precludes the court or county from
contracting with a third party to provide small claims advisory services
as described in Section 116.940.
(h) The remainder of the fees collected under subdivisions (b), (c),
and (d) shall be transmitted monthly to the Controller for deposit in the
Trial Court Trust Fund.
(i) All money distributed under this section to be used for small
claims advisory services shall be used only for providing those services
as described in Section 116.940. Nothing in this section shall preclude
the county or the court from procuring other funding to comply with the
requirements of Section 116.940.
§ 116.231 Civ. Proc.
(a) Except as provided in subdivision (d), no person may file more than
two small claims actions in which the amount demanded exceeds two
thousand five hundred dollars ($2,500), anywhere in the state in any
calendar year.
(b) Except as provided in subdivision (d), if the amount demanded in
any small claims action exceeds two thousand five hundred dollars
($2,500), the party making the demand shall file a declaration under
penalty of perjury attesting to the fact that not more than two small
claims actions in which the amount of the demand exceeded two thousand
five hundred dollars ($2,500) have been filed by that party in this state
within the calendar year.
(c) The Legislature finds and declares that the pilot project conducted
under the authority of Chapter 1196 of the Statutes of 1991 demonstrated
the efficacy of the removal of the limitation on the number of actions
public entities may file in the small claims courts on claims exceeding
two thousand five hundred dollars ($2,500).
(d) The limitation on the number of filings exceeding two thousand five
hundred dollars ($2,500) does not apply to filings where the claim does
not exceed five thousand dollars ($5,000) that are filed by a city,
county, city and county, school district, county office of education,
community college district, local district, or any other local public
entity. If any small claims action is filed by a city, county, city and
county, school district, county office of education, community college
district, local district, or any other local public entity pursuant to
this section, and the defendant informs the court either in advance
of the hearing by written notice or at the time of the hearing, that he
or she is represented in the action by legal counsel, the action shall be
transferred out of the small claims division. A city, county, city and
county, school district, county office of education, community college
district, local district, or any other local public entity may not file a
claim within the small claims division if the amount of the demand
exceeds five thousand dollars ($5,000).
§ 116.240 Civ. Proc.
(a) With the consent of the parties who appear at the hearing, the
court may order a case to be heard by a temporary judge who is a member
of the State Bar, and who has been sworn and empowered to act until final
determination of the case.
(b) Prior to serving as a temporary judge in small claims court, on and
after July 1, 2006, and at least every three years thereafter, each
temporary judge shall take the course of study offered by the courts on
ethics and substantive law under rules adopted by the Judicial Council.
The course shall include, but not be limited to, state and federal
consumer laws, landlord-tenant law along with any applicable county
specific rent deposit law, the state and federal Fair Debt Collection
Practices Acts, the federal Truth in Lending Act, the federal
Fair Credit Billing Act, the federal Electronic Fund Transfer
Act, tort law, and contract law, including defenses to contracts and
defenses to debts. On substantive law, the courts may receive assistance
from the Department of Consumer Affairs, to the extent that the
department is fiscally able to provide that assistance.
§ 116.250 Civ. Proc.
(a) Sessions of the small claims court may be scheduled at any time and
on any day, including Saturdays, but excluding other judicial holidays.
(b) Each small claims division of a superior court with seven or more
judicial officers shall conduct at least one night session or Saturday
session each month for the purpose of hearing small claims cases other
than small claims appeals. The term "session" includes, but is not
limited to, a proceeding conducted by a member of the State Bar acting as
a mediator or referee.
§ 116.320 Civ. Proc.
(a) A plaintiff may commence an action in the small claims court by
filing a claim under oath with the clerk of the small claims court in
person, by mail, by facsimile transmission if authorized pursuant to
Section 1010.5, or by electronic means as authorized by Section 1010.6.
(b) The claim form shall be a simple nontechnical form approved
or adopted by the Judicial Council. The claim form shall set forth a place
for (1) the name and address of the defendant, if known; (2) the amount
and the basis of the claim; (3) that the plaintiff, where possible, has
demanded payment and, in applicable cases, possession of the property;
(4) that the defendant has failed or refused to pay, and, where
applicable, has refused to surrender the property; and (5) that the
plaintiff understands that the judgment on his or her claim will be
conclusive and without a right of appeal.
(c) The form or accompanying instructions shall include information
that the plaintiff (1) may not be represented by an attorney, (2) has no
right of appeal, and (3) may ask the court to waive fees for filing and
serving the claim on the ground that the plaintiff is unable to pay
them, using the forms approved by the Judicial Council for that purpose
§ 116.330 Civ. Proc.
(a) When a claim is filed, the clerk shall schedule the case for
hearing and shall issue an order directing the parties to appear at the
time set for the hearing with witnesses and documents to prove their
claim or defense. The case shall be scheduled for hearing no earlier than
20 days but not more than 70 days from the date of the order.
(b) In lieu of the method of setting the case for hearing described in
subdivision (a), at the time a claim is filed the clerk may do all of the
following:
(1) Cause a copy of the claim to be mailed to the defendant by any form
of mail providing for a return receipt.
(2) On receipt of proof that the claim was served as provided in
paragraph (1), issue an order scheduling the case for hearing in
accordance with subdivision (a) and directing the parties to appear at
the time set for the hearing with witnesses and documents to prove their
claim or defense.
(3) Cause a copy of the order setting the case for hearing and
directing the parties to appear, to be served upon the parties by any
form of mail providing for a return receipt.
§ 116.410 Civ. Proc.
(a) Any person who is at least 18 years of age, or legally
emancipated, and mentally competent may be a party to a small
claims action.
(b) A minor or incompetent person may appear by a guardian
ad litem appointed by a judge of the court in which the
action is filed.