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Warning: Posted...

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        09-10-2009, 12:17 PM
    We had them back sage at Dixie Stampede. I think there were like 3 posted in there.
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        09-11-2009, 01:47 PM
    Originally Posted by shmurmer4    
    lol. Their rights.

    You have the right to attempt a dangerous sport even with the understanding that you could be injured, because it is dangerous. Then you have the right to sue someone because you were injured while performing a dangerous sport, that you knew was dangerous?

    ^^Kind of ridiculous isnt it?

    Originally Posted by NorthernMama    
    ^^ Yup, lots and lots of waivers are signed like that for many different events, but in the end, the person that signs can not legally sign away their rights. It does help to limit the damage payable though. That's also why service providers have to have a million different qualifications for everything now -- otherwise they can't get insurance.
    ^^ I wouldnt call it signing away your rights. Its more or less a way of agreeing that you fully understand the risks involved and if you were to get injured its not their fault, which is true in most cases.
        09-11-2009, 04:24 PM
    Super Moderator
    Each state has it's own version.
        09-11-2009, 04:35 PM
    Green Broke
    My BO has one hanging in the barn and the Fairgrounds has one.
        09-11-2009, 06:31 PM
    In Florida, it is inherent risks you are waiving, and if you sign a waiver saying you have been apprised of the risks, under law you cannot sue for the "inherent risks" of equine activity. However, if you can show negligence caused injuries, that is a different case. I would imagine that is the case in most states.

    Waivers for inherent risks are one thing, but waivers for negligence, gross negligence or even higher standards are a different matter. For instance, if a trainer knowingly puts a little kid who has never ridden before on a hot, green horse they know to be dangerous and that horse freaks and permanently injures the child, that is not an inherent risk - it was entirely avoidable and thus falls under a different standard. If I read a waiver that includes language indemnifying a provider (equestrian, doctor or otherwise) for negligence or other similar standards, I think long and hard before I sign it and sometimes strike through the objectionable language and initial (which is perfectly legal) before signing. It's not because I want to sue anyone, it's simply that someone who feels the need to protect themselves from such actions might not take the care they should.

    As for waivers, you absolutely can sign away your rights to sue (actually, you can sign away your rights to just about anything, including your constitutional rights) and such contracts, if executed properly can be binding, which is why it can be really important to read medical intake papers, auto purchase papers and other forms fully before you sign them so you know if they include waivers (some of them are pretty sneaky) and make an informed choice whether or not to sign them.
        09-11-2009, 07:10 PM
    That's standard in California
        09-13-2009, 02:53 PM
    I live in England and we have a sign like this at our yard, 5 years ago a livery fell off she wasn't insured to ride and came back 1 year ago and sued the owner of the yard and hose for compensation of the back pain she has been receiving , there's no proof she even had back pain and she got 10K out of it!. Grr some people ( I remember she actually asked if she could ride the horse) :(
        09-29-2009, 05:43 PM
    At the barn I board/ride at, there's sign even before you come in saying all people on the property are at risk because it's an equine facility, that sort of thing. Not to say we aren't being careful because we have a sign, but I think it helps remind parents and siblings of riders that just because they aren't riding doesn't mean they can goof off and not have consquences, so to speak. We also have a warning on the pasture closest to the main barn that says to 'Please Stay Out of Pasture', so people visiting don't just duck into the pasture to see the horses and end up getting run over.

    ^_^ Done w/my speil.
        09-29-2009, 05:46 PM
    Have that hanging in the barn, right next to "My Barn. My Rules." :]
        09-30-2009, 10:25 AM
    I think PoohLP hit it right on.

    Also I have heard of people sueing because a horse bit/kick them while they were in the stall. I believe in one case the person who was injured actually managed to form a case because in the waiver it didnt specifically specifiy what the "inherited risks" were. It said something like "Participants are you enter barn area at own risk" but the loop hole was it didnt some how specifiy which stalls not to enter or something along those lines. The barn now has signs outside of each and every stall (including schooling ponies) saying "Do not enter without permission from staff, Enter at own risk." Pretty sad when someone has to go that far imo.

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