Legal Question in Personal Injury in Texas

Hello,

This is regarding an accident during a horse riding instructor led lesson. The stable argues that we have signed a waiver of liability which states "whether or not such injury or property damage resulted from the negligence or gross negligence" is that actually legal to have this wording in the agreement? Could there be a case at all?


Asked on 1/12/17, 9:45 am

1 Answer from Attorneys
Paul H. Cannon Simmons and Fletcher, P.C.

A couple things you need to be aware of. First off, no waiver is valid if the injured participant is a minor. Your best bet is to have an indemnity clause making the parents indemnify you if a claim is brought.

Second, courts scrutinize any waiver that attempts to proactively release someone for their own gross negligence. To be upheld, the language must be very conspicuous and not buried in the document. Most people put that language in bold and larger font to make it blatantly obvious.

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Answered on 1/19/17, 5:14 pm


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