field where the event is being staged. The owners of the field ask the court to dismiss them from the lawsuit. Do you:
A. Keep them in the lawsuit because they might have done more to prevent the horse from escaping into the nearby restaurant parking lot? B. Keep them in the lawsuit because if you let someone use your prop- erty you are automatically liable if they cause a third-party injury? C. Dismiss them from the lawsuit if they can establish they were not involved in the staging of the event? D. Dismiss them from the lawsuit if they establish that they didn’t receive any compensation for letting the event organizers use their land?
Donnie wants to ride the fastest horse, but it also has to be good looking—the best looking horse in the barn. Don- nie signs a release of liability before the start of the ride, agreeing not to sue the barn if he is injured as a result of an “inherent risk” of the sport. During the trail ride, Donnie keeps pestering the guide to let him “gallop” his fast horse.
5
Donnie goes with some friends on a trail ride at a local “hack” barn. Donnie thinks he is a great rider—the best.
The guide keeps telling him “no,” because the trail they are on is not a safe place for him to ride at a gait faster than a walk. Finally the group comes to an open field and the guide agrees Donnie can “canter” his fast horse to the end of the meadow and back. Donnie kicks his horse into a gallop and tears to the far end of the meadow. As he gets to the tree line, he tries to spin his horse around and the stirrup on his saddle breaks and Donnie takes a bad tumble off his horse. His very fast horse leaves him lying in the dust. Don- nie sues the barn, claiming it was responsible for his injuries for providing him faulty or defective equipment, and that it had been both negligent and reckless. The barn asks you to dismiss Donnie’s lawsuit. Do you:
A. Dismiss the lawsuit because you believe in karma and the notion of “poetic justice?” B. Dismiss the lawsuit because Donnie signed a release? C. Dismiss the lawsuit if the barn can show that Donnie knew the stirrup leather was defective and that it might break? D. Allow the lawsuit to go forward because a broken stirrup leather is not an “inherent risk” of the sport?
☛ Turn the page for the answers
Warmbloods Today 55
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52 |
Page 53 |
Page 54 |
Page 55 |
Page 56 |
Page 57 |
Page 58 |
Page 59 |
Page 60 |
Page 61 |
Page 62 |
Page 63 |
Page 64 |
Page 65 |
Page 66 |
Page 67 |
Page 68 |
Page 69 |
Page 70 |
Page 71 |
Page 72 |
Page 73 |
Page 74 |
Page 75 |
Page 76 |
Page 77 |
Page 78 |
Page 79 |
Page 80 |
Page 81 |
Page 82 |
Page 83 |
Page 84 |
Page 85 |
Page 86 |
Page 87 |
Page 88 |
Page 89 |
Page 90 |
Page 91 |
Page 92
