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.
Mediation works - so we use it regularly. In Providence, R.I., in 2014 eight female aerialists doing a hair-hang act 20+ feet above the ground were severely injured when the metal frame supporting their act collapsed hurtling them to the floor. They recently obtained a total combined settlement of $52.5-million through mediation of their claims See, Eight severely injured aerialists recover $52.5-million settlement through mediation.
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