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Larson's Case Law Developments
7/2/2009 11:46:07 AM EST
H. Edwin Detlie
Iowa Farm Worker Injured by Bucking Horse, Benefits Denied
Posted by H. Edwin Detlie
Attorney at Law

In Baker v. Shields, 2009 Iowa Sup. LEXIS 54, the Iowa Supreme Court chose to protect a farm operation from a work injury claim, for a reason that can only be characterized as tenuous. Mr. Baker was working for Joshua Shields and his father, Barton Shields, on their farms. His job included riding a horse to move two heifers. The horse he was riding tried to buck him off several times, and on the third try, it broke his leg. He filed a civil action, since the farmers had no workers’ compensation coverage. The District Court and the Iowa Supreme Court dismissed the claim, relying on a section of the law that seems aimed at rodeos and homeowners, not farming operations. Some States have had such laws for many years, and the rule is generally referred to as the “one free bite rule.” The States with such laws protect animal owners, including dogs, from attack.

Section 673.2 of the Iowa Code says: “A person, including a domesticated animal professional, domesticated animal activity sponsor, the owner of the domesticated animal, or a person exhibiting the domesticated animal, is not liable for damages, injury, or death suffered by a participant or spectator resulting from the inherent risks of a domesticated animal activity.”

The Court applied the statute in this case, which insulated the farm operation from any workers’ compensation claim by the injured worker.  

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