VOLUME 12 - 2019-2020 ISSUE 1

12 Ky. J. Equine, Agric. & Nat. Res. L. 1 (2020). 

THE ABSOLUTE INSURER RULE: AN UNCONSTITUTIONAL AND INEFFECTIVE MEANS OF MITIGATING ILLEGAL EQUINE DRUGGING IN THE “SPORT OF KINGS”

Article Written By: Brian Calhoun “Cal” Mundell

Referred to as the “sport of kings,” horse racing in America in recent times has been plagued by fatal equine injuries, many a result of illegal drugging. To combat this problem, horse racing regulators in many jurisdictions have imposed an “absolute insurer rule,” which creates an irrebuttable presumption that trainers are responsible for any drugs found in an equine athlete. This article analyzes this presumption and argues that it is unconstitutional, irrational, and ineffective.