It may involve practice for the sport. In each of these cases, no duty of care was found because, although a co- participant in the sport had engaged in arguably negligent behavior, such behavior had not been intentional or reckless and did not increase the risks to the injured participant over and above those inherent in the sport. The same is true here. Appellant contends that Burleson was negligent in failing to utilize a second horse and rider to control a particularly unruly or untrained racehorse. Even if such allegations were true, the conduct did not increase the risks inherent in the sport of horseracing.
Racehorses are by their nature difficult to control.
It is not unusual for a horse to come to a sudden stop, rear up, or sidestep and thereby cause a collision with another horse and rider following close behind. The fact that in this particular instance negligence may have contributed to the collision does not alter the conclusion that appellant assumed the risk of being injured in this manner when he agreed to engage in an activity which required him to maneuver a spirited racehorse around a track at near top speed in close proximity to others engaged in the same dangerous activity. We must conclude that this case falls into the category of primary assumption of risk and that no duty of care was owed appellant by respondents. Appellant himself testified that he did not immediately rein in his horse after catching sight of Coach Scarlet stalled in the track ahead because this sort of thing was such a common occurrence he would never get his horse exercised if he stopped every time it happened. The judgment is affirmed.