Equine Law Blog

Nobody Filled in the Most Important Blank

I assisted years ago on a lawsuit in Minnesota where the riding stable found its release of liability in a form book, where the facility only needed to fill in the blanks as to whom was being released from liability. The problem was, the facility added its name to the top of the document, but in the section where the signer agreed to release the facility, the stable forgot to fill in the blank. The document effectively stated that the signer was releasing ___ (blank)___. Only when an injured riding student filed a lawsuit was the problem discovered.

Updated Business Operation – Outdated Release Form

A Wisconsin case from 1998 involved a public riding stable with the business name of “Mrotek’s, Inc.,” that required its customers to sign liability release forms before each ride. After an injured customer filed a lawsuit against the stable, the release’s faulty drafting was uncovered. That is, although the release mentioned the defendant’s corporation, Mroteks, Inc., in the first sentence, the exculpatory language found further within the document released only “Helen Mrotek” (individually) from liability. Nowhere did the release mention that the signer was also releasing the corporation under whose name Mrs. Mrotek did business. Because of this perceived deficiency, the court held that the litigation could proceed.

The case was: Park-Childs v. Mrotek’s, Inc., 578 N.W.2d 210 (Wisc. App. 1998).

Conclusion

Liability release documents can be powerful, where allowed by law, as long as they are properly drafted and signed. Don’t take chances with your documents. A knowledgeable lawyer can draft or review your document.