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California Lawyer
California Lawyer, Attorney
Category: Personal Injury Law
Satisfied Customers: 846
Experience:  Licensed to practice law in California
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My child and I went horseback riding on July 4th in Arizona.

Resolved Question:

My child and I went horseback riding on July 4th in Arizona. I signed and dated a liability waiver that day. We decided to go horseback riding again on July 5th. They did not have me sign another liability waiver. Something spooked the horses on the ride and we were both thrown off the horses. We both sustained injuries. They only had me sign a liability waiver for my daughter, a minor. I did not sign one for myself. do we have any recourse?
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  California Lawyer replied 1 year ago.

California Lawyer :

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California Lawyer :

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Expert:  California Lawyer replied 1 year ago.
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Expert:  California Lawyer replied 1 year ago.

Hello,

 

I want to try and help. My first question is how badly were you injured?

 

DCG

Customer: replied 1 year ago.

My daughter has a concussion. I have a hairline fracture to my knee. We were both taken via ambulance.

Expert:  California Lawyer replied 1 year ago.

Hello,

 

Thank you for replying. What I am getting at is did either of you have significant, lasting injuries. I sounds like your daughter was covered by a liability waiver regardless, and that you were the only one not technically waiving on the second day.

 

The problem that I see is that were you to take issue with them, they will almost certainly claim that the first waiver by you is effective for both days. You would of course argue that it was not, and they will respond that at minimum the first day's waiver was sufficiently effective to put you on notice of the activities risks that on the second day you were at least partially responsible.

 

Secondly, you might have a problem proving fault on their part unless these animals had a history of bucking people off and they did nothing.

 

The point I am trying to make is that unless your injuries are significant, it might cost far more to pursue these people than you could ever hope to recover. The fact that a court might find your waiver(s) on day one sufficient to cover day two, the outcome of litigation is doubtful (or at least uncertain).

 

I think the best course would be to contact them directly and demand that they cover any out of pocket medical costs you had. If they do I think I would settle the issue.

 

I hope this helps.

 

DCG

California Lawyer, Attorney
Satisfied Customers: 846
Experience: Licensed to practice law in California
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