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It was a long awaited travel to the west. My friend and I left for a week’s fun-filled vacation. The resort we had put up was really very showy. The surroundings were great and panoramic. As the days went by, I thought of having a little bit of sight seeing. The resort sponsors rides through the ravishing beauty of the deserts. I took a trial ride which was said to be very peaceful and enjoyable. At the arrival, I have informed the trial hand about my ignorance of horses. Tex and Rex, the trial hand, took a little bit of amusement on the fact that I could barely ride a horse. They put me on a mare called molly, which had an impulse of returning to its stable mate without any hint of doing so. Giving in to the same impulsive urge she threw me down wand went to the stable. I was left on the rocky ground with several broken bones and suffering a concussion. My pleasant adventure turned out to be a nightmare. I was not going to let it go. I have made up my mind to sue Tex and Rex, the stable they work in and the resort which promoted the ride.
However, a few things are to be looked up on before I go about it. If and when I am able to prove liability on behalf of all the defendants, am I in a position to recover my damages from the resort alone. At a glance, the trot law clarifies it in the following manner “personal injury law, also known as tort law, is designed to protect you if you or your property is injured or harmed because of someone else's act or failure to act. In a successful tort action based on one of three theories -negligence, strict liability or intentional misconduct--the one who caused the injury or harm compensates the one who suffered the losses” (American Bar Association). Strict liability and intentional misconduct can be directly associated with the behavior of Tex and Rex, all the defendants share a moral responsibility. In order to answer the question of claiming the damage solely from the resort, I need to specific on certain points like the trial riding policies of the
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Final Essay 3 resort. Whether, the riding equipments such as helmet and facilities were provided by the resort or the concerned authorities. Did they have prepared statement regarding liability limitations, restrictions and responsibilities relative to equestrian activities?
In the event of claiming the damage from the resort alone, they might have the option of turning to Tex and Rex in request of a reimbursement. As trial hand they were suppose to make reasonable and prudent effort to determine the ability of participant to safely engage in horse riding. More over, it was their obligation to make known to any participant any dangerous traits or characteristics or any physical impairments or conditions related to a particular horse which is involved in the activity of which the horse man knows or through the exercise of due diligence could come to know (Rutecki 2008). But, the W.Va. Code @ 20 -4- 1 has it said that there are inherent risks in equestrian activities which are essentially impossible for the operators of equestrian business to eliminate. Thus, I need to have proper and strong evidence to prove the impulsive urge the mare had demonstrated to often earlier. The resort, in turn, can hold Tex and Rex responsible partially regarding the negligence to inform the improper behavior of the horse, depending up on the agreement they have with the company as employees of it.
If Tex comes to me with a apology and promises me his testimony in my favor, I will have concrete idea about the whole scenario. He will have a better record of the sequence of events and the details of the working and management of the resort and the ride. That will eventually be of good effect to my cause. Even then I may have limited opportunity to absolve him from all the liability, because when to of them have caused me injury, both of them are 1100 percent responsible for it. My ethical values also may play role in it as trading in truth and help at the cost of one who was directly at the wrong end.
Still, to make a conclusion and to proceed, I will need a few additional information. How far my friend can be involved in the proceedings as a close witness. What how misleading was the advertisement about the ride? The amount of injury I have sustained and the mental distress I have suffered due to the whole incident and the response of the worker in the resort and stable.