Archive for the ‘Subjective Experience’ Category

And the Case Rides Off Into the Sunset

September 18, 2012

Eburn v. Capitol Peak Outfitters, Inc. (Colorado)
(An inexperienced rider was injured during a horseback ride and she sued the facility and equipment provider for negligence; the court found that the exculpatory agreement signed by the plaintiff precluded liability.)

Prior to her participation in a horseback ride, the plaintiff signed two documents, a “Participant Release of Liability and Assumption of Risk Agreement” and a “Protective Headgear Refusal.”  The release document addressed both the inherent risks associated with the activity and included a release of liability for the potential negligent conduct of the defendant.  The District Court denied the plaintiff’s motion for partial summary judgment and granted the defendant’s cross motion for partial summary judgment based on the exculpatory document.

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