In the case of Courbat v. Dahana Ranch, Inc.,
Hawaii S. Ct. No. 25151 (July 10, 2006),
the Hawaii Supreme Court found by a 3-2 decision
that a recreational liability waiver for a horse ride
may be valid and enforcable as to negligence claims.
Under the facts of that case
the court held that unless the claimants
were able to demonstrate a violation
of Hawaii's "unfair or deceptive acts or practices" law
found in HRS Chapter 480 that their claims would be barred.
Claimants asserted that the ranch violated the statute
by having a practice of springing the
liability release on participants after they had
already prepaid and already committed their time and resources
to appear at the ranch.
Moving a flagpole near live electrical wires can be very dangerous. A Grayson County, Texas jury has awarded more than $15.6 million to the families of 3 victims of an accident that occurred while they were moving a flagpole in May 2017. The electrocution killed 1 and injured 2. The property manager of the apartment complex where the flagpole was located was found to be negligent for placing the flag pole too close to overhead power lines. See, An award of $15.6 million for 3 victims of electrocution.
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