General Info

Accidents
(except MVAs)

Types of Injury

Motor Vehicle Accidents

 

 

Reardon v Windswept Farm

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.