A day at the races took a turn for the worse when a horse out for a practice run was startled by multiple chickens, one of which was directly on the racetrack flapping its wings.  The horse’s jockey, Mario Calderon, was thrown when the horse abruptly bucked and bolted away from the erratic chicken.  Though Calderon was jolted out of the saddle, his foot remained stuck in the stirrup, and the terrified horse trampled and drug the jockey down the track causing several injuries that eventually resulted in fatal brain bleeds.

In Calderon v. Philadelphia Park Casino and Racetrack, Calderon’s wife sued the racetrack owner, maintaining that the owner was fully aware of both the chickens’ presence and the potential danger presented to the horses and employees.  The plaintiff argued that a similar accident occurred just five months prior, where another horse was spooked by a chicken and caused injury to the jockey, evidencing the owner’s knowledge of the unsafe work environment.  Conversely, the owner denied liability, contending that Calderon knew the dangers of being a jockey and accepted the risks of his employment.  Furthermore, the owner argued that the track had posted warning signs stating that all participants assumed any risk of injury associated with riding horses.

Nonetheless, a Philadelphia jury sided with the plaintiff, finding the racetrack owner liable and awarding compensatory, as well as punitive damages.  The evidence at trial showed that the chickens had been purposely brought to the track as pets by horse owners and trainers for over a decade.  The vice president of the Jockey Association testified that he had previously confronted the racetrack’s head of security to alert him that someone would be killed if the chickens continued to wander, but nothing was done in response.   Thus, the jury concluded that the owner of the track must take responsibility for the added danger to jockeys.

Thank to Coleen Hill for her contribution to this post.  For more information, please contact Nicole Y. Brown at .