Claimant commenced this action against the State seeking damages for injuries she sustained when kicked in the face by a horse at the State University of New York at Cobleskill, allegedly due to the school's negligence. Claimant was a first-year student at the college, having enrolled in the equine studies in the fall of 1990. Bebe was characterized as a dominant mare who was aggressive in terms of her relationship with other horses, especially during feeding. However, she was not known as aggressive toward people. Horses in the care and custody of the school were housed in two types of stalls, box stalls and tie stalls.
Box stalls are large and allow a horse to move around.
Horses in tie stalls are usually also tethered in front. Bebe, however, had broken front restraints in the past. Bebe then kicked her, fracturing her nose and her right eye socket. The court found that Bebe never demonstrated a vicious propensity to kick or hurt humans and dismissed claimant's cause of action based on strict liability. Negligence generally is not available as a basis for relief where the injuries result from the acts of domestic animals.