enforceable waiver

K

Kelpie

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Check this out:

http://yourfreedom.hmg.gov.uk/resto...-waiver-consent-form-for-hazardous-activities

I'll be putting my name to this and I think it would be a great thing for the equestrian world if it could go through. Obviously not designed to prevent genuine claims for genuine negligence - but lets face it, riding is a risk sport and we should accept that, not look to sue anyone we can just because we can.
 
I am surprised there are, as yet, no responses to this post.:confused:
 
How about title "insurance suing claims culture"?
They have something like this in America, becasue certain activities have more risk attached than others, and ob if you participate you should be well aware of any risk attached to the activity.
What gets me is, WHY do we have this silly "someone has to be blame" culture in the first place. The only winners are the solicitors.:mad:
Unless there really is out and out negliegence, ( not the "I tripped over a drain I didn't see" type claim- well, unless you CAN'T see, use your bloody eyes that's what they are there for!!!)the whole suing lark should be banned and outlawed!
Climb quietly off soapbox!;)
 
Spottyappy said:
Shuffles quietly over to one side!:p
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Nice to see you there! *waves"

If you want to support it, you need to register onto the site and then add your comments of support.

Would be really good to build up something of a movement on this if we can! :)
 
LOL, I remember the riding school my daughter helped at having huge signs all over the yard saying that riding can be dangerous and if you can't take the risks then not to ride there, also that it is all weather and just because it is raining and little fred doesn't get wet they will still be charged if they don't turn up. I thought they were great, straight to the point! As a former instructress, in a small area that has gone from 4 long established schools to none because of insurance costs, I would definitely support this!
 
I will not be signing.

I work in the field and spend much of my working day fending off negligence claims, so I know a fair bit about the sort of claims that arise and the sort that succeed.

(and of course if there weren't any claims I'd be out of a job ;) )

Seriously, these waivers would be pointless. To be successful a claimant has to prove that the defendant owed them a duty of care, that they breached that duty of care, and that the breach caused a loss.

With regard to riding schools and other risk sports there really aren't that many claims, although there is a significant fear of claims.

Simply falling off a horse is not enough to have a valid claim, you would have to establish that the fall was caused by some negligent act or ommission by the instructor or yard owner. The case law shows that the standard applied is fairly high and these claims are not easy to win. You would have to show, perhaps that the horse was totally unsuitable and that the instructor knew this, or perhaps that the activity being undertaken was unsuitable and that the instructor knew or ought to have known that the rider wasn't up to it. In those cases most people would agree that a claim should be successful.

In fact the claims made against riding schools are more likely to result from people not having lessons. Staff claiming for back injuries due to poor manual handling practices by the employer, claims resulting from straying horses, road accidents, tripping claims on the premises etc. A waiver wouldn't help in these cases.

So personally I think a waiver would be a pointless and worthless exercise in beurocracy that would not alter the status quo.
 
Katt said:
With regard to riding schools and other risk sports there really aren't that many claims, although there is a significant fear of claims.
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If that's the case, why are insurance premiums constantly rising, and at a level now where they're driving stables out of business?

(This is a genuine question, I'm not challenging you)
 
Insurance premiums for everything are increasing. Things like tax on insurance increase as well - and that is the government's decision not insurance companies.
 
I'm sorry but what you describe is what the waiver would prevent.

its fine you talking about the claimant having to prove againest the insured but as with most things insurance companies try to wriggle out on the most stupid pretexts.

You then have the situation of where the stable owner has to fight BOTH the insurer to provide the cover they paid for and also the claimant.

At which point there are solicitors involved on all sides and costs just escalate.

Stable owners take the insurance to protect them but in lots of cases it is the legal fees of making sure the insurance company fulfill there side that bankrupts people.
 
But you would still have insurance companies and lawyers if you had 'enforceable' waivers. People would still bring cases claiming negligence, because you will never be able to legislate against it and for low value claims the insurance will settle rather than the more costly process of going to court. No one goes to the insurance saying 'i fell off because it was a risk sport' they go saying it was 'x's fault'. If they didn't it would be cut and dry, no payout. It is only if there is an accusation of fault (negligence) that you can bring the case anyway. You cannot disclaim against that fault, so the cases would still be brought.

(Negligence goes well beyond riding, and you cannot legislate that it can be waived)
 
Your insurance policy should cover you for the legal costs involved, ours did, we weren't out a penny when people brought their (without merit) cases.
 
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