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    [RC] More on minor waive - Jim Clark-Dawe

    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...


    It is possible to deal with this issue, though the best answer is a good insurance policy. Legally, developing a release for dealing with children is difficult, but it can be done. The release doesn't become a binding contract, but becomes a tool in showing that the child understood the risks involved in riding.

    It is important to understand, however, that if someone is seriously injured, and is facing hundreds of thousands of dollars of medical bills, and little or no income (social security doesn't pay that much money), it is unlikely that anything is going to prevent the lawsuit. Fortunately, those types of accidents are very rare.

    Jim Clark-Dawe
    Attorney at Law
    Webster, NH

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