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80838_EQ Almanac WEB-080918

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California appellate courts recognize that horseback<br />

riding is a dangerous sporting activity. The courts<br />

routinely confirm that an obvious risk of horseback<br />

riding is a rider falling off the horse. In California a<br />

party may be relieved of liability to an injured party<br />

where there is an express assumption of risk. (This<br />

legal doctrine was recently discussed in great detail in<br />

the equine fact case Eriksson v. Nunnink (20 I 5) 233<br />

Cal.App.4th 708.) In effect, an express assumption of<br />

risk negates a duty of care by the other party. In other<br />

words, if a trainer or an owner of a horse obtains a<br />

proper written waiver from a rider (and in the absence<br />

of gross negligence or recklessness by the trainer or<br />

owner) the law will find that no duty of care existed<br />

between the owner or trainer and the injured rider.

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