If you are reading this page, it is likely because you’ve been involved in a horse back riding accident. In such cases, the waiver component precludes your ability to pursue a claim for damages. However, you should not be deterred, as there are plenty of ways to get around filing a claim for damages even though you signed a waiver.
Before we discuss how to get around the waiver issue, it’s important to understand what waivers are designed for. Typically, waivers are used as a means to help businesses avoid liability in the event of an inherently dangerous activity, i.e. horseback riding. It is also important to understand that if you pursue a claim for damages, it is not against a horse, but against the facility that owns and operates the horses. So, any animal lovers should not be concerned about a lawsuit having any potential consequence against horses.
California law specifically allows you to get around a waiver issue if you can show gross negligence. Gross negligence is often shown when you can demonstrate a clear conscious disregard for the well-being of others. Examples of such cases involve when the trainer fails to properly match the rider in the horse. Or in other cases where the facility or the trainer fails to properly equip or saddle the horse. Gross negligence can also be found when you have constructive or visible defects on the horse trail.
Although proving gross negligence is difficult to prove California laws clear that with the finding of gross negligence you can pierce the waiver issue.
If you’ve been injured while riding a horse here a few things to consider. First, make sure you get the right type of medical attention. Finally from horse can be very painful experience often resulting in serious catastrophic injuries. Second, do not make any statements whatsoever to either the staff that works at the facility or any other party affiliated with the facility in with you rented the horse. Third, make sure you contact an attorney who understands the different aspects associated with such cases.
Finally, it’s important to realize that not every case against such facilities will be successful. Sometimes you will hire an injury lawyer to file a lawsuit and even then it will be difficult. Sometimes proven gross negligence will not be possible based on the facts of your case. If you’ve been hurt please feel free to contact my office so that we can discuss your case further. I look forward to hearing from you if there’s anything at all that we can ever do to help you please do not hesitate to call.
