The defendant property owner brought a motion for summary judgment dismissing an action alleging occupiers’ liability following injuries sustained during a horse‑handling incident on a hobby farm.
The plaintiff alleged that the occupier negligently maintained fencing and gating which allegedly contributed to a horse-related accident.
The court held that the plaintiff failed to identify any act or omission by the occupier that breached the statutory duty under the Occupier’s Liability Act or the Negligence Act.
The evidence showed the fencing and gate were common and properly installed, and the alleged incident arose from the actions of the participants rather than any unsafe condition of the premises.
As no genuine issue requiring a trial was established, summary judgment dismissing the claim against the occupier was granted.
