Equine Law Blog

Liability Releases and Equine Activity Liability Acts: Utah's Highest Court Addresses How One Affects the Other

Since the equine activity liability acts were enacted, a question has arisen as to whether a person can legally sign away claims under them. According to the majority of courts across the country addressing the issue, the answer is "yes."

Last year, Utah's Supreme Court issued an opinion that releases can waive liabilities under Utah’s Limitations on Liability for Equine and Livestock Activities Act (Utah's version of an Equine Activity Liability Act). In that case, the plaintiff was a guest at a resort and signed its release of liability before taking part in a guided horseback ride. During the ride, her assigned trail horse suddenly sped up, and she fell and became injured. She sued the resort. The trial court held that the release was valid and enforceable, resulting in dismissal of all claims except for the gross negligence claims. The appellate court agreed, concluding that “neither the [equine activity liability act] nor public policy invalidates pre-injury releases for horseback riding.” The case then proceeded to the Utah Supreme Court. It observed that “[n]owhere does the text suggest that [equine sponsors] may not contractually further limit their liability for risks that are not inherent’ to equine activities.” It also noted that the statute’s “warning” notice requirement requires equine activity sponsors to place warnings on posted signs or “providing a document or release for the participant . . . to sign.” The Court ruled that pre-injury releases of claims under Utah’s Equine and Livestock Activities Act did not violate public policy, subject to limited exceptions.

The case is Penunuri v. Sundance Partners, Ltd., 301 P.3d 984 (Utah 2013),

Conclusion

Because courts in most states across the country have shown a willingness to enforce liability waivers/releases when they are properly worded and signed, we always suggest that you have a knowledgeable lawyer draft or review your documents.

Categories: Liability