Tag Archives: horse

Summary Judgment in NY Horseback Ride Case Not Granted: 1) Questions of Fact and 2) Waiver Signed by Another Person in Group

By Doyice Cotten

Lynette Blumenthal rented a horse and was thrown during her ride (Blumenthal v. The Bronx Equestrian Center, Inc., 2014 N.Y. Misc. LEXIS 2884).  The defendant moved for summary judgment based on a liability waiver.

The court summarized New York summary judgment procedure as follows.

Summary judgment is a drastic remedy, and it should not be granted when there is any doubt as to the existence of a triable issue of fact….

Should You Worry about your Waiver Being Overly Broad?

By Doyice Cotten Waivers can fail to protect providers for a number of reasons. Often, they fail for being too narrow – for example, having the language fail to include the cause of the injury. Sometimes, however, the waiver writer attempts to be too inclusive and the waiver fails for being overly broad. In a Wisconsin equine case (Mettler v. Nellis, 2005), the waiver failed because the waiver was considered overly broad. The court ruled the language “any liability or responsibility for any accident damage,

Colorado Court Gives Reasons for Enforcing an Equine Waiver

 

By Doyice Cotten

In a recent Colorado equine injury lawsuit (Eburn v. Capitol Peak Outfitters, Inc., 2012 U.S. Dist. LEXIS 106 236), an inexperienced rider was injured when her saddle rotated to the side and caused her to fall from the horse.  The court examined the waiver she had signed and concluded that Capitol Peak Outfitters (CPO) was protected from liability for such injuries.

The court declared the waiver clearly and unambiguously expresses the parties’ intent to preclude CPO’s liability for negligent acts.