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Equipment Failure: “Inherent Risk” or Proof of Negligence?

Picture of Krysia Nelson

Krysia Nelson

Attorney at Law

The Virginia trial court dismissed an injured rider's personal injury lawsuit against a stable on the basis of a pre-injury liability release signed by the rider. Relying on the signed release and Vir...

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The Virginia trial court dismissed an injured rider's personal injury lawsuit against a stable on the basis of a pre-injury liability release signed by the rider. Relying on the signed release and Virginia's Equine Activity Liability Act ("EALA"), the trial court concluded the rider could not sue. The rider appealed.