Q2.

Anne has been riding horses for many years, and had gained experience through pony clubs, show riding and riding stock horses. She has competed in-country agricultural show events for more than 10 years. She competes with a registered stock horse, Silver Bullet, who she has owned since the horse was weaned from its mother.

Horses, including those which might normally give the appearance of being placid, are prone to being frightened or 'spooked' by any number of external stimuli. Such stimuli may include loud noises, such as a PA system in a showground, movement from other horses, and paper being blown across the grounds. Even horses which are said to be conditioned to the type of stimuli which might occur at a showground can react unexpectedly.

Anne rode in the recent 2 day Wangatta Royal Show in country New South Wales. Onthe first day of the show she rode Silver Bullet in five events and on the second day she was due to ride in four events. To gain entry to events one needs to buy a ticket from the office. She is asked to sign a form which is routinely provided at agricultural shows, but which she does not read before signing. On page 3 it states the following:

RISK WARNING - HORSES

The Agricultural Council of New South Wales advises that the participation, including passive participation, in events or activities at an agricultural show contains elements of risk, both obvious and inherent. The risks involved may result in property damage and/or personal injury including death.

I, the signatory acknowledge, agree and understand that participation, including passive participation, in events and activities at this show contains an element of risk of injury and I agree that I undertake any such risk voluntarily of my own free will and at my own risk.

On the second day, before her event, she was riding Silver Bullet in the designated warm-up arena. A number of children were nearby, playing and/or climbing on a fence. These children made contact with a metal sign on the fence, causing a very loud noise, a sound similar to the firing of a shotgun. This noise startled Silver Bullet. He faltered and fell onto his right side with Anne still in the saddle. The horse lay on top of Anne. Anne has sustained serious injuries.

Anne asserts that the incident was caused by the negligence of the Wangatta Royal Show, in that there was a failure on their part to have marshals available to control the presence and behavior of children in and around the warm-up arena.

The Wangatta Royal Show denies liability, and in doing so relies upon a number of provisions of theCivil Liability Act 2002(NSW).

Using negligence law only, fully discuss Anne's claim and then discuss Wangatta Royal Show's defenses