Ridecamp: Re: [RC] More on minor waiver

I haven't read the state supreme court ruling yet, but from what I'm seeing
on ridecamp all it said was that a parent couldn't waive liability for
negligence on behalf of a minor.

That's just the threshold issue.  Which still leaves the question of whether
the club et al. were negligent (was it foreseeable someone would hit that
tree?) or was the collision just one of those risks inherent to a sport that
everyone knows has dangers anyway?

Also, appears to me as if these parent(s) did agree to indemnify the
club--so that might be another issue too, just to complicate things further!

----- Original Message -----
From: "Tamara Woodcock" <plasmatica@xxxxxxxxxxx>
To: <ridecamp@xxxxxxxxxxxxx>
Sent: Thursday, July 25, 2002 8:08 AM
Subject: [RC] More on minor waiver


> I have no idea.  This waiver held up through trial and appeal, until it
hit
> the state Supreme Court.
>
> Maybe I'm making to much of this, but my dream is to own a boarding stable
> and since this case is about a sport considered somewhat dangerous, and
> horses are somewhat dangerous...
>
> Hypothetically:  If I owned a stable and say had a little permanent-built
> cross country course in a pasture, and a young rider got dumped, hit her
> head on a tree.  Even though her parents had signed a waiver, adn her
> trainer/coach was with her...  This case seem very important in how
> liability damages will be assigned...
>
> -Tamara
>
>
> >From: Rides 2 Far <rides2far@xxxxxxxx>
> >Participant and  Parent
> > > or Guardian HEREBY AGREE TO WAIVE, RELEASE, DISCHARGE, INDEMNIFY AND
> > > HOLD
> > > HARMLESS any and all claims for damages for death,
> >
> >I had a friend who used a contract much like this for giving riding
> >lessons. One little extra she had added was that should the person decide
> >to sue for any reason, they would agree to pay for her any defense fees
> >she might incur.  Do you think *that* would hold up in court?
> >
> >Angie
>
>
>
> -=-=-=-=-=-=-=-=-
> Tamara Woodcock
> Scurry, Texas
> -=-=-=-=-=-=-=-=-
> "I live in my own little world, but it's okay, they all know me here."
>
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