Legal Question in Civil Litigation in California
Contingent Liability
My daughter took her daughter and one of her daughter's friends horseback riding in Monterrey over a year ago. My granddaughter's friend was thrown from her horse and hospitalized for two weeks. Her parents subsequently sued the rancher providing the horses. Prior to the incident the rancher did not provide nor did my daughter sign any legal disclosures or any waiver absolving the rancher of any liability should an accident occur.
It appears now that the rancher is suing my daughter to recoup the losses they undoubtedly anticipate experiencing when they lose the lawsuit that was filed against them to recover medical and legal expenses. They assert that because my daughter did not disclose to the rancher that her daughter's friend had asthesma and scolliosis that that constitutes some sort of negligence on her part so she bears the burden of the liability.
Question: Is my daughter in any way legally liable for the losses the rancher may suffer as the defendent in the earlier lawsuit.
2 Answers from Attorneys
Re: Contingent Liability
I would hope that your daughter has an attorney representing her and her daughter in the case.
I wouldn't think that your daughter would be liable for your grandaughter's friend's prior medical condition, unless it played a part in the incident, itself. I'm sure that there's been (or will be) a major discussion concerning assumption of risk -- i.e. that when in engaging in a dangerous activity such as horseback riding, one of the risks is that the horse could throw the rider. I'm also sure that the girl's lawyer is investigating the horse's history to determine whether this ever happened before, which could overcome this defense.
Re: Contingent Liability
She'll find out at the end of the trial or by court ruling on appropriate motions. Whether she is or not, she has to defend the suit to avoid a default judgment. Turn it over to her homeowners insurance to see if they'll defend. If not, hire an attorney to do so. It may be possible to settle and get out of the case, but she won't know until she tries. I'd offer to handle it, but if it is in Monterrey courts, she needs local counsel there.
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