Takes date horseback riding, gets sued after fall

by Walter Olson on December 6, 2010

“I guess you know your date didn’t go very well when you get sued afterward.” [Lowering the Bar; Stanislav v. Papp] Per the New York appellate court’s statement of facts:

Plaintiff was injured when she fell off a horse while on a date with defendant. She alleges that defendant was negligent in failing to properly warn her and appreciate her limited level of skill as a rider, and in failing to pay proper attention to her request that the horses proceed at a slow pace in a careful manner.

The judges, however, upheld a lower court’s dismissal of the case (citations omitted):

Plaintiff has provided no evidence or authority which supports her contention that defendant owed her a duty to insure that the horseback riding experience was safe. As a person with experience riding horses, plaintiff was aware that the risks of falling from a horse or a horse acting in an unintended manner are inherent in the sport. Defendant’s conduct was not so unique or reckless as to create an additional unanticipated risk for plaintiff.

{ 4 comments }

1 Smart Dude 12.06.10 at 7:50 am

The obvious next step in the Trial Lawyer Industry’s ultra-lucrative social parasitism is to begin extorting, oops I meant suing, Match.com and e-Harmony for bad dates.

2 wfjag 12.06.10 at 10:02 am

Dear Miss Manners:
Now that the suit is decided, should I ask her out again?

3 Bill Poser 12.07.10 at 3:59 pm

I suppose that it is possible that it was actually the young lady’s insurance company that insisted on suing, in which case she might actually be receptive to another date.

4 R 12.09.10 at 8:33 am

Last time I went horseback riding, the attendant at the stable had me and my friends sign liability waivers. I would imagine this place does the same. So I wonder how this woman can claim ignorance of the potential risks.

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