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Liability Releases |
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Cruelty
to Horses |
This segment contains law cases that address questions arising under liability releases signed by equestrians. These forms, sometimes called exculpatory agreements, attempt to insulate the equine provider from liability for injuries resulting from ordinary negligence. The policies of states vary enormously toward liability releases--some states enforce them without hesitation while other states go to great lengths to avoid enforcing them. There are special issues about the enforceability of liability releases as applied to children. Those cases are collected in the Injuries to Children segment.
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Statutes
for Horsemen |
New Hampshire Supreme Court (1995) Release form not clear
enough to be enforced
Oklahoma Supreme Court (1996) Release form valid in Oklahoma
Indiana Court of Appeals (1997) Release form upheld --
rent-a-horse company wins
Ohio Court of Appeals (1997) Release form upheld -- rent-a-horse
company wins
New York Appellate Division (1997) Outfitter's release form void
under New York statute
Arizona Court of Appeals (1997) Release form with trail rider
operator invalid
Wisconsin Court of Appeals (1998) Release form protected person but
not corporation
Connecticut Superior Court (1998) Release didn't save stables
from lawsuit
New York Appellate Division (1998) Release prevents lawsuit
for injury to boarded horse
Massachusetts Superior Court (1999) Release prevents lawsuit
against stables for rearing horse
Wyoming U.S. District Court (1999) Release wins case of
accident on trail ride
New York Trial Court (1999) Instructor's release form upheld despite
New York statute
Massachusetts Superior Court (2001) Unlicensed instructor cannot
claim immunity by release
U.S. Court of Appeals (2001) U.S. Army release form upheld--wins
lawsuit
Tennessee Court of Appeals (2001) Court of Appeals cannot evaluate
release without seeing plaintiff's testimony
U.S. District Court -California (2001) Release did not
cover liability for premises defect
Florida Court of Appeals (2001) Release covered dismounting accident
at Disney World
Utah Supreme Court (2001) Parental indemnification agreement with
riding stables invalidated on policy grounds
Minnesota Court of Appeals (2001) Permitting strange dog to
accompany trail ride may be gross negligence
New York Appellate Division (2002) Liability release
did not cover defendant's negligence
New Mexico Court of Appeals (2002) Recreational
activity liability releases declared void on policy grounds
Ohio Court of Appeals (2002) Expert's report created
triable issue of willful and wanton
California Court of Appeals (2002) Primary assumption
of risk doesn't prevent lawsuit regarding head-shy horse
Colorado Supreme Court (2002) Parent cannot waive
minor's rights nor be required to indemnify against recovery
Connecticut Superior Court (2002) Health club release
not valid as to risks from equipment added later
U.S. Court of Appeals (2002) Release wins case for mountain bike rental
company
Connecticut Superior Court (2002) Court upholds
indemnification agreement against father of injured riding student
Virginia Circuit Court (2002) Veterinarian cannot win
on liability release as a matter of public policy
Virginia Supreme Court (2003) Court refuses to enforce
board release in snow tubing accident case
Connecticut Superior Court (2003)
Trial court upholds father's waiver of daughter's rights
Connecticut Supreme Court (2003) Absence of reference to
negligence in snowtubing release makes it ineffective
California Court of Appeals (2003) Release precludes
lawsuit in guided trail ride accident
New Mexico Supreme Court (2003) Release in equine setting invalidated on
public policy grounds
Connecticut Superior Court (2003) Parental
indemnification clause invalid under parental immunity doctrine
U.S. District Court, Hawaii (2004) Recreational activity
statute invalidates trail ride's liability release for negligence
Michigan Court of Appeals (2004) Liability release
bars lawsuit against trail ride provider; not gross negligence
Missouri Court of Appeals (2004) Effect of release limited
to inherent risks of equine activities because of equine activity statute
U.S. District Court, New York (2004) No primary
assumption of risk for trail ride accident because of operator negligence
New York Appellate Division (2004) Rider assumed risk when
warned of dangers of companion horse
Colorado Supreme Court (2004) Liability release upheld in
elk hunting accident
California Court of Appeals (2004) Release protected instructor and academy from ordinary negligence liability
Wisconsin Court of Appeals (2005) Overbroad release does not protect instructor from suit as exception to equine statute
New Jersey Superior Court (2005) Release for minor injured at skateboard park void
Connecticut Superior Court (2005) Document containing warning, release, and indemnification agreement not ambiguous
New York Supreme Court (2005 Insufficient language in release still permits protection for accident not due to negligence
New York Supreme Court (2005) Release stating warnings and rider's experience upheld