Florida/Georgia Personal Injury & Workers Compensation

...f injury if unsupervised, that Cara had inadequate supervision, and that had the child been adequately supervised, the incident would not have occurred. Bar-B moved for summary judgment, asserting, inter alia, that it was immunized from liability by section 773.01 et seq., Florida Statutes (1993), relating to equine activities, and that Cara had expressly assumed the risk of injury and consented to same by signing the release form which specifically stated: In consideration for permission grante...

...773.03, no participant nor any participant's representative shall have any claim against or recover from any equine activity sponsor... for injury, loss, damage, or death of the participant resulting from any of the inherent risks of equine activities. Section 773.01(6) states that "Inherent risks of equine activities" mean "those dangers or conditions which are an integral part of equine activities, including, but not limited to:... (d) Collisions with other equines or objects." § 773.01(6), Fla....

...fore, during, or after such participation. I further authorize medical treatment for said child or ward, at my cost, if the need arises. The trial court granted summary judgment to Disney based upon the above release and indemnity agreement and upon section 773.01(6), Florida Statutes (1997), relating to equine activities, which provides: (6) "Inherent risks of equine activities" means those dangers or conditions which are an integral part of equine activities, including but not limited to: (a)...

...utes may serve to release Disney from liability. Chapter 773, Florida Statutes recognizes the inherent risks of equine activities and eliminates the liability of equine professionals from claims by a participant in an equine activity. See Fla. Stat. § 773.01(5), (6), & (7) (1997)....

...of the release and indemnity agreement. AFFIRMED. GRIFFIN and SAWAYA, JJ., concur. NOTES [1] This warning complies with the notification requirement found in section 773.04, Florida Statutes (1997). [2] While some degree of matching may be possible, section 773.01(6) seems to contradict the exclusion of liability provided in section 773.02 against the propensity of equines to behave in ways that may result in injury, harm, or death and the unpredictability of an equine's reaction to such things as sounds, sudden movement, and unfamiliar objects, persons, or other animals....

...(Emphasis added.) It is undisputed that R & R is an "equine activity sponsor" [1] and McGraw a "participant" [2] under the facts of this case. Moreover, there is no disagreement that McGraw's injuries were the result of "an inherent risk of an equine activity," defined in part in section 773.01(6), Florida States (2002), as "those *889 dangers or conditions which are an integral part of equine activities." [3] In that section 773.02 explicitly refers only to the limitations from liability as provided in section 773.03, we mus...

...e case is REMANDED for further consistent proceedings. ALLEN and HAWKES, JJ., concur. NOTES [1] Defined in part as one, whether or not operating for profit or nonprofit, "which sponsors, organizes, or provides the facilities for an equine activity." § 773.01(4), Fla. Stat. (2002). [2] Defined in part as an amateur or a professional who engages in an equine activity. § 773.01(7), Fla....

...(2002). [3] Among other things, inherent risks of equine activities include the equine's propensity to behave in certain ways, or its unpredictability in reacting to particular conditions, thereby resulting in injuries to persons on or around them. § 773.01(6)(a), Fla....

...an equine activity, whether or not a fee is paid to 1We review the trial court’s grant of summary judgment de novo. Quarantello v. Leroy, 997 So. 2d 648, 651 (Fla. 5th DCA 2008). 3 participate in the equine activity.” § 773.01(7), Fla....

...activity, or any person assisting a participant or show management. The term “engages in an equine activity” does not include being a spectator at an equine activity, except in cases where a spectator places himself or herself in an unauthorized area. § 773.01(1), Fla....

...ities. To effectuate this intent, the Legislature broadly defined those activities constituting an equine activity. Indeed, the Legislature carved out only one specific exception from this broad definition, i.e., spectators in an authorized area. § 773.01(1), Fla....

...his injury occurred, Germer had to jump over an established hurdle. In our view, the creation and existence of such a protocol constituted the requisite “organization” so as to make Germer’s visit to the stables “an organized activity” as defined in section 773.01(1) of the Florida Statutes. III....

...If there is any evidence to support a possible verdict for the non-moving party, a directed verdict is improper. Id. In negligence cases, courts caution against a motion for a directed verdict. Regency Lake Apartments Assocs., Ltd. v. French, 590 So.2d 970, 972 (Fla. 1st DCA 1991). Section 773.01(6) defines "Inherent risks of equine activities" as: [T]hose dangers or conditions which are an integral part of equine activities, including, but not limited to: (a) The propensity of equines to behave in ways that may result in injury, harm, or death to persons on or around them....

...Thus, when viewing "the evidence and all inferences of fact in a light most favorable to the nonmoving party," there was evidence to support a verdict in favor of the plaintiff that the placement of the dirt mound was not an inherent risk of equine activities as defined by section 773.01(6)....

...(d) Collisions with other equines or objects. (e) The potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, such as failing to maintain control over the animal or not acting within his or her ability. § 773.01(6), Fla....

paid to participate in the equine activity.” § 773.01(7), Fla. Stat. (2012). The Act specifically defines