Signing liability waivers makes it harder for some victims to sue for horseback riding injuries, but not impossible, especially with help from our lawyers.
You can sue the negligent stable if you were hurt by gross negligence. Courts generally void waivers that involve minors, violate public policy, or are unconscionable in some way. The court might void a waiver for gross negligence if the horseback riding company allowed a victim to ride a horse with known behavioral problems that would increase the chance of injury. If you can sue, you have to do so before the filing deadline, otherwise the court may dismiss your claim. Since horseback riding accidents are so severe, often leading to life-altering back, spine, or head injuries for victims, identifying the ways around liability waivers and quickly filing lawsuits is crucial.
Call The Reiff Law Firm’s personal injury lawyers at (215) 709-6940 for a free and confidential case review.
The Basics of Suing for Horseback Riding Injuries After Signing Liability Waivers
Whether victims can sue for horseback riding injuries depends on a few factors, such as whether or not they signed waivers and what the contents of those waivers entailed. After an accident takes place, our lawyers can read over any liability waivers and review additional evidence to confirm if the victim can sue while they focus on their physical recovery.
When Can You Sue?
Liability waivers do not protect companies against lawsuits for gross negligence. Regarding horseback riding accidents, farms or stables might be grossly negligent if they allow participants to ride horses with known behavioral problems or medical issues that would make them dangerous to ride or increase the chance of injury. To prove gross negligence caused your injuries, our Philadelphia personal injury lawyers may interview other horseback riding participants to get their witness statements. As we investigate the accident further, you should focus on your physical health and building medical records that prove your injuries.
Kids might take horseback riding lessons, and parents might have to sign waivers for their kids to participate. While liability waivers are typically unenforceable when signed by minors or parents on behalf of minors, it is important to confirm whether or not that is true in your case with our lawyers.
Waivers are otherwise unenforceable for horseback riding injuries when they go against public policy, are unconscionable, or are written using intentionally confusing language.
You only have a certain amount of time after an accident to sue. For example, in Pennsylvania, the statute of limitations for horseback riding injury claims is two years, according to 42 Pa.C.S. § 5524. That is two years from the accident’s date, not two years from when you realized the waiver was unenforceable. Because of this, confirming the waiver’s invalidity immediately is crucial so you have the most time to prepare and file your claim.
When Can’t You Sue?
Liability waivers provide some protection for horseback riding companies for claims due to ordinary negligence. If the waiver clearly outlines the company’s released liabilities and the participant understands the risks they are assuming at the time of signing, the court may enforce the waiver. Because horseback riding involves animals, horses, which might be unpredictable, it is typically understood that the victim assumes risks associated with horseback riding, like possibly falling off the horse, by signing the waiver. That said, you cannot assume any risks you are unaware of or are not stated in the waiver, which is why accidents due to gross negligence typically let victims sue for horseback riding injuries.
Signing a waiver does not automatically preclude you from filing a lawsuit, and even if the horseback riding company warns you it does, do not assume you don’t have a lawsuit. If the liability waiver is, in fact, void, but you miss the statute of limitations for your claim, you cannot recover damages.
Horseback Riding Accidents and Injuries that Liability Waivers Don’t Cover
Signing a liability waiver doesn’t mean you agree to gross negligence affecting your life. If we can show that the staff or the horseback riding company exhibited a high level of negligence and acted without regard for your safety, you may have a claim.
Horses are prey animals and get scared easily. Various factors might affect a horse’s behavior, including bad weather, poor physical health, or other environmental factors. The staff interacting with the horses should be properly trained and able to identify when it is and is not safe for participants to ride or engage with certain animals.
A serious accident could happen if a specific animal has a history of unruly or unpredictable behavior, and staff are aware of this and continue to let the horse engage with riders. Being thrown from a horse could cause traumatic head and spinal cord injuries, which could be fatal in some cases.
Because of the high risk of injury in horseback riding accidents, stables should give participants the necessary safety gear for their level of experience. Novice horseback riders, especially children, should be given helmets to wear for protection. Failure to properly instruct participants or give them the necessary safety gear could result in injury. This could constitute the level of carelessness or recklessness necessary to bring a claim for gross negligence despite having signed a liability waiver before going horseback riding.
Common horseback riding injuries include broken bones, sprains, head injuries, and back injuries, among others. These injuries are not only medically expensive but might prevent victims from returning to work, leading to detrimental lost wages. In light of this, confirming if a liability waiver will hold up in court is crucial so that you are not responsible for covering your damages from an accident.
Call Us About Your Horseback Riding Injury Case Today
Call our Delaware County personal injury lawyers at (215) 709-6940 to discuss your case for free with The Reiff Law Firm.
