Horse injury 420
April 4th, 2012 
admin Premises liability is another area of San-Diego-Personal-Injury-attorney.com
Eriksson v Nunnink 191 Cal.App.4th 826 (4/2) (2011) Equestrian riding coach N knew horse had recent injury, but not told horse otherwise unfit for competition. N reassured her student ME and ME’s parent KE the horse was safe to ride. KE signed releases.San-Diego-Auto-Accident-lawyer.com MSJ granted on express contractual and primary assumption of risk. Reversed. [1] Coaches who push and challenge have no liability except where coach intended injury or acted totally outside scope of ordinary coaching activity. [2] To defeat negligence claim, N had to show that she had no control over horse or rider or that horse not unfit, both of which N failed to do–partly due to deficient MSJ Separate Statement. [3] Release–even if properly presented in the Separate Statement–could be defeated by showing gross negligence, “a want of even scant care or an extreme departure from the ordinary standard.” Some facts suggesting N unreasonably increased the inherent risk of injury and concealed horse’s unfitness from KE, “could well equate to gross negligence.” (Extensive discussion of case law.) Review petition pending. San Diego personal injury attorney