Earlier this month, a federal appellate court issued a written opinion in a personal injury case involving the question of whether a man who died while on a horseback-riding excursion assumed the risks involved with the activity. Ultimately, the court concluded that the type of accident in which the man was involved was the type that is commonly associated with horseback riding. The court determined that the man assumed these inherent risks by agreeing to participate in the activity, and therefore his loved ones could not hold the company that provided the ride legally responsible for his death.
The Facts of the Case
The plaintiff was the surviving wife of a man who died while on a horseback-riding excursion that was provided by the defendant resort. On the day of the accident, the plaintiff’s husband joined about 20 others for a horseback ride. Prior to embarking on the ride, the man signed a release of liability indicating that he was aware that horseback riding presents certain risks, including falling off the horse, and that when these accidents occur, they can result in serious injuries or death.