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Reardon v Windswept Farm

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In the recent case of Reardon v. Windswept Farm, LLC (9/29/2006), the Supreme Court of the State of Connecticut found that a release from liability for ordinary negligence arising out of the recreational activity of horseback riding violates public policy. This decision is contrary to a recent Hawaii Supreme Court decision. In holding that the Windswept Farm's release violated public policy, the Connecticut court reasoned that: (1) the Plaintiff was under the control of the Defendant; (2) there is a societal expectation that recreational activities performed under another party's control will be reasonably safe; (3) the Defendants had greater expertise and information concerning the dangers associated with horseback riding at their facility, and thus should bear the burden of removing or preventing such dangers; and (4) the release signed by the Plaintiff was a classic contract of adhesion. Hopefully, the decision makers of Hawaii will someday reverse their "anti-citizen"/"pro big business" course.

 

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Accident Lawyer Hawaii

Law Offices of William H. Lawson
Kahala Avenue
Honolulu, HI 96816
(by appointment only)

Law Offices of William H. Lawson
Century Square
1188 Bishop St. Suite 2902
Honolulu, HI 96813

New client hotline:
(808) 671-7600

Pearl City, Aiea and Waipahu:
(808) 671-7600

Main business phone:
(808) 528-2525


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Products Liability - Cases & Comment



Jones Act- maritime law and seaman cases



The Constitution Of The State Of Hawaii


Recent Personal Injury and Car Accident News


Some accidents happen and the victims don't know who hit them. In such cases, a negligent driver can sometimes be found through law enforcement, video cameras, and investigation. See, Woman Settles for $3 Million After Being Run Over by School Bus. In addition, in other cases, the injured parties may be able to pursue insurance coverages that are designed to fill in such gaps - such as Uninsured Motorist Insurance and/or Underinsured Motorist Insurance.





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