# Question about waiver and it's power



## bsms (Dec 31, 2010)

Here is a good website for reading:

Liability Releases

A lot depends on the state, since these things fall under state law. You can usually ask an attorney a few questions fairly cheap if you go thru your local bar association referral. In Pima County, your $35 pays for 30 minutes talking to an attorney.

If I ever have a waiver written, I will want it to release me from everything. A single lawsuit, even if unsuccessful, can drive a business out of business. And if I had a stable, I'd want a release covering the stupidity of other people, and their maliciousness. I wouldn't want to lose everything because one of my employees saw a bumper sticker on your car that he didn't agree with so he went nuts and cut your cinch.

The way I figure it, the world is a dangerous place, and you are responsible for anything other than harm due to malicious acts done by the person you are suing. Unhappily, that is NOT our current legal liability law.

Here is what I consider a scary example from the conservative state of Utah:

http://asci.uvm.edu/equine/law/cases/release/hawkins.htm


----------



## stevenson (Sep 12, 2011)

I dont know what the livestock equine laws are in your state. First off , check out those laws. I am no expert not an attorney, but that sounds pretty off to me. They are basically saying you waive the right to sue, collect $$ for any reason regardless of whose fault it is. I would want it amended. The barn owner is responsible to keep the place free of hazards and in good repair. Also , they should have insurance.


----------



## PaintHorseMares (Apr 19, 2008)

Some people refer to that as a "hold harmless" agreement. You do need to discuss with a lawyer because I've read many case files in which it was ruled that "hold harmless" agreements were not valid because you cannot blanket waive your right to sue for someone's negligence.
_Posted via Mobile Device_


----------



## reanjo (Aug 22, 2012)

Thanks for replying people!  
I'm actually not in a state, but a province lol. I live in Ontario, Canada. So I don't know what differs. Seems like the general opinion is so far to go to lawyer/attorney. Was hoping to avoid that but I understand why that's a good path to follow. I'm definitely not a sue happy, "I got a scratch and you must pay 10k+" type of person and the barn is well put together, the instructor seems trustworthy, but you never know eh? I know the barn I ride at is insured and I'm currently looking at rider insurance. The waiver just seems to be removing ALL blame from anyone employed/owning the barn. Rubs me the wrong way with a barn that seems to have it all together. To me, a barn with frequent 'incidents' would have a waiver like that. But that might just be me.
_Posted via Mobile Device_


----------



## Saddlebag (Jan 17, 2011)

Negligence is mainly a matter of opinion.


----------



## MiniMom24 (Mar 13, 2013)

Just because they have a waiver that doesn't mean they have accidents. They have the waiver to help save them for that "Just in case" moment. Since they have on going lessons, they need something in place. I don't know if a contract like this would hold up,in court in Ontario, I know it would in Saskatchewan. Check out this site and see if something here helps you out.

SafetyOntario Equestrian Federation

Equine laws in Ontario
Horse Riding Safety Act, 2001, S.O. 2001, c. 4




reanjo said:


> Thanks for replying people!
> I'm actually not in a state, but a province lol. I live in Ontario, Canada. So I don't know what differs. Seems like the general opinion is so far to go to lawyer/attorney. Was hoping to avoid that but I understand why that's a good path to follow. I'm definitely not a sue happy, "I got a scratch and you must pay 10k+" type of person and the barn is well put together, the instructor seems trustworthy, but you never know eh? I know the barn I ride at is insured and I'm currently looking at rider insurance. The waiver just seems to be removing ALL blame from anyone employed/owning the barn. Rubs me the wrong way with a barn that seems to have it all together. To me, a barn with frequent 'incidents' would have a waiver like that. But that might just be me.
> _Posted via Mobile Device_


----------

