Re: [RC] Kids and Riding - Liability? - Truman Prevatt
And just because the parents sign a waiver - that doesn't mean they can
not turn around and sue. A waiver in most states is not legally
binding. Also a waiver does - nor do any of the limited liability laws
- protect against "negligence." If negligence can be established the
limited liability laws don't apply. How young kids play into this
equation will not be determined until there is a case that establishes
that and the out come may vary area to area. However, I sure would not
like to be in front of a "jury of my peers" none of which know what a
horse looks like except they big and can hurt people in such a case.
And this is correct about a child can sue later on independent of what
the parents do. I was in a traffic accident while my wife was pageant
and our lawyer told us that while we could settle - the case would
remain open till my daughter reached the age of 18 at which time she
could sue if there were any repercussion from the accident that
impacted her.
Truman
Belinda Romanuski wrote:
Just something else to think about. In PA, we are working on an
Equine Liability Law. One of the PEC(PA Equine Council)members that is
working to get this passed, is also a lawyer. He has informed us, even
though parents sign a waiver for their child, when that child becomes
18, they have the right to sue the organization if any injuries
occurred. The reason being parents cannot sign the child's rights
away.
Belinda Romanuski
-- “Fragile as reason is and limited as law is as the
institutionalised
medium of reason, that's all we have between us and the t
“Fragile as reason is and limited as law is as the
institutionalised medium of reason, that's all we have between us and
the
tyranny of mere will and the cruelty of unbridled, undisciplined
feelings.”Felix Frankfurter
