Tag Archives: breach of duty

Understanding Negligence and Liability: “Determining Negligence” (Part 2)

 By Doyice Cotten

In last week’s post Understanding Negligence and Liability (Part 1), we addressed this issue of negligence. This post presents another example to help the reader better understand the concept[1].

The following illustration regarding Happy Holiday Stables should help the reader to better understand what constitutes negligence.

Duty

To illustrate, suppose Happy Holiday Stables rents a horse to a novice rider for a trail ride.

Understanding Negligence and Liability — (Part 1)

By Doyice Cotten

Health clubs, personal trainers, rafting companies, parasail companies, trampoline parks, bowling alleys, skating rinks, city recreation departments, horseback riding stables, martial arts instructors, snowmobile providers, and ski resorts:  what do these entities have in common? They are all sport or recreation providers who should be concerned with liability. Each provides a service with which injuries are not uncommon. The question often asked is “If someone gets hurt, will I (or my company) by held liable and have to pay money?” The purpose of this brief article is to help the provider answer this question for him- or herself.