She rode on Salt, a 15 year thoroughbred gelding, which has been a schooling horse for GRS for about ten years and which is regularly used for lessons at all levels.
Mr. Church said he does not know what happened but he assumes that the horse got away from her or she lost her balance. He noticed the day after the fall that the girth or under strapping on the saddle had a broken buckle. The saddle was GRS' regular school saddle. Mr. Church believes that no one checked the saddle, which had been on Salt during a previous lesson, before Ms. Wing began her lesson. GRS did not have Ms. Wing sign a waiver form from its insurance carrier. GRS posted in its office on the premises a sign from the carrier which stated that GRS would not be responsible for any injuries.
1. Whether EALA successfully limits GRS' and Mr. Church's liability; and
2. Whether GRS and/or Mr. Church were negligent toward Ms. Wing and were the proximate cause of her fall and her injuries.
The answer to the first question is probably not. EALA does not render the owner or operator of a riding stable immune from liability for negligence. The answer to the second question is less clear. It will depend on the facts adduced at trial.