I have no idea. This waiver held up through trial and appeal, until it hit
the state Supreme Court.
Maybe I'm making to much of this, but my dream is to own a boarding stable
and since this case is about a sport considered somewhat dangerous, and
horses are somewhat dangerous...
Hypothetically: If I owned a stable and say had a little permanent-built
cross country course in a pasture, and a young rider got dumped, hit her
head on a tree. Even though her parents had signed a waiver, adn her
trainer/coach was with her... This case seem very important in how
liability damages will be assigned...
-Tamara
It is possible to deal with this issue, though the best answer is a
good insurance policy. Legally, developing a release for dealing
with children is difficult, but it can be done. The release doesn't
become a binding contract, but becomes a tool in showing that the
child understood the risks involved in riding.
It is important to understand, however, that if someone is seriously
injured, and is facing hundreds of thousands of dollars of medical
bills, and little or no income (social security doesn't pay that much
money), it is unlikely that anything is going to prevent the lawsuit.
Fortunately, those types of accidents are very rare.
Jim Clark-Dawe
Attorney at Law
Webster, NH
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