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.
Game Truck Georgia was recently hit with a $4.7 million judgment for injuries arising out of a game of "bubble soccer". But this was after they had pleaded with their insurer to settle those same claims for a pretrial offer of $1 million - which was within their policy limits. Their insurer, Atlantic Specialty Insurance, declined those offers and forced the case to trial. Now the attorneys for Game Truck Georgia are chasing their own insurance company for its bad faith refusal to settle - a refusal which led to the insolvency and desctruction of their business.
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