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.
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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