According to premises liability laws, you can sometimes sue the owner of a property where you suffered an accidental injury simply because the accident took place on that person’s property. In practice, the level of protection offered to the injured visitor depends on the designated purpose of the property and the nature of the visitor’s visit. If you are a paying customer at a business, then the business owner is responsible for the accident unless you were behaving in a reckless manner, such as by riding a bicycle inside a retail store or attempting to climb on a structure inside a place of business.
The property owner’s duty of care is less if you are a non-paying visitor, such as if the accident took place on public land or if you got injured at someone else’s house during a social visit. As for paying guests at places of recreation, the businesses often ask guests to sign liability waivers promising not to sue if the guests get injured, but in practice, these waivers are only sometimes enforceable. If you have suffered serious injuries in a horseback riding accident, contact a New York slip, trip, and fall attorney.
Are Liability Waivers Just Wishful Thinking?
These days, you must sign a liability waiver before doing just about anything fun, from ice skating at a skating rink to eating the spiciest hot sauce in the restaurant. It is also common to see signs posted at recreational venues that say “X at your own risk,” with X being the recreational activity you have paid to do, such as swim, skate, or climb the rock-climbing wall. As every personal injury lawyer knows, though, simply telling customers that they do not have the right to seek damages and hoping that they will take the statement at face value is the oldest trick in the book.
Regarding injuries caused by horses, New York law holds “sponsors” harmless for injuries to riders injured at equestrian events. These sponsors can be the owners or trainers of the horses, the sponsors of equestrian events, or the owners of the venues where the events take place. Some lawsuits of this nature that resulted in rulings in favor of the defendant involved incidents where horses threw riders during trail rides and one where a horse injured a boarder at a stable in an accident involving a broken hitching post. In cases where there was egregious negligence on the part of the defendant, meaning that the defendant’s actions placed the plaintiff in danger, as opposed to the defendant merely being responsible for the horse or the premises, the injured rider may be able to prevail in a lawsuit.
Contact Leitner Varughese Warywoda PLLC About Premises Liability Cases
A personal injury lawyer can help you if you get injured in a preventable accident while horseback riding. Contact Leitner Varughese Warywoda PLLC in Brooklyn, New York, or call (212)671-1110 to discuss your case.