CopyCited 4 times | Published | Florida 5th District Court of Appeal | 2001 WL 1048544
...Lastly, we also affirm the trial court's award of costs and attorney's fees to Disney based on the clear language 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)....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 2004 Fla. App. LEXIS 10715, 2004 WL 1606713
...employed by R & R, after she was thrown by a horse which R & R owned, by reason of the immunity afforded to equine sponsors by section
773.02, Florida Statutes (2000). McGraw asserts that because R & R failed to comply with the notice provisions of section
773.04, Florida Statutes (2000), requiring all such sponsors to post warnings of their nonliability for injuries or death resulting from the inherent risks of equine activities, the trial court erred in holding that the immunity provided therein applied to bar the action....
...law, our review standard is de novo. See Major League Baseball v. Morsani,
790 So.2d 1071, 1074 (Fla.2001). In reaching its decision, the lower court concluded that no provision therein "conditions the protection of the statute upon compliance with section
773.04 [the posting requirements], and the fact that the defendant failed to comply with [it] is of no effect." McGraw claims that if the trial court had correctly construed all pertinent provisions of chapter 773 in pari materia, it should have been obvious that a reasonably prudent person would not have failed to post the notice demanded by section
773.04; therefore, the court erred in its construction, requiring reversal of the summary judgment....
...y for injuries suffered by participants while engaging in inherent risks of equine activities are found solely in section
773.03, Florida Statutes (2002), and, because the statutory duty to warn of the sponsor's nonliability is otherwise provided in section
773.04, the breach of such duty, if it occurred, does not meet any of the narrow categories of exceptions set out under section
773.03. A proper resolution of the issue requires a careful examination of sections
773.02,
773.03, and
773.04....
...ted under the same or similar circumstances or that constitutes willful or wanton disregard for the safety of the participant, which act or omission was a proximate cause of the injury; or (e) Intentionally injures the participant. (Emphasis added.) Section 773.04 provides in full: Posting and notification....
...warning notice: WARNING Under Florida law, an equine activity sponsor or equine professional is not *890 liable for an injury to, or the death of, a participant in equine activities resulting from the inherent risks of equine activities. Nothing in section 773.04, or elsewhere in chapter 773, expressly provides a consequence attending a sponsor's neglect for not posting the warning there required....
...act. Major v. State,
180 So.2d 335 (Fla.1965). By reading all three statutes of chapter 773 in pari materia, we conclude that the consequence not stated by the legislature for the failure of an equine owner to comply with the posting requirements of section
773.04 is supplied by conjoining the provisions therein with the exceptions enumerated in section
773.03. Thus, the omission of the equine sponsor in not posting the sign required in section
773.04 is one "that a reasonably prudent person would not have done or omitted under the same or similar circumstances." §
773.03(2)(d), Fla....
...r 773, we cannot believe that the legislature would cavalierly abrogate an injured person's substantive right to seek redress in the courts without requiring as well an owner or sponsor in some meaningful way to comply with the posting provisions of section 773.04....
CopyPublished | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 15047, 2010 WL 3893864
...specific responsibility to act as a reasonably prudent person by removing the mound. See e.g. McGraw v. *257 R & R Invs., Ltd.,
877 So.2d 886, 890 (Fla. 1st DCA 2004) (finding that the omission of an equine sponsor in not posting a sign required in section
773.04 is one that a "`reasonably prudent person would not have done or omitted under the same or similar circumstances.'") (quoting section
773.03(2)(d))....
...Ashcroft,
492 So.2d at 1311. [3] In McGraw, the First District held that equine immunity under section
773.02 did not apply because the defendant had failed to comply with the statutory mandate to post and maintain a specific warning notice as required by section
773.04, Florida Statutes (2004)....
