Cristina Raybourn v. Changing Leads Equine Rescue and Woodson Hill Equestrian Center, LLC

Plate City, Missouri personal injury lawyer represented the plaintiff negligence theories.

Defendant Changing Leads Equine Rescue ("CLER") is a non-profit horse rescue located in Kansas City, Missouri. CLER cared for rescue horses and made efforts to place the horses in adoptive homes. CLER utilized volunteer workers to help care for the horses by cleaning stalls, feeding and watering horses, and walking horses to and from the stable. CLER leased its stable and pasture land from defendant Woodson Hill Equestrian Center, which ran an equine boarding operation and conducted riding and training lessons at its own facilities next door.



In June of 2019, Raybourn began volunteering for CLER on most Wednesday afternoons. Before Raybourn started volunteering for CLER, she had very little experience with horses, but she did know that horses could be dangerous and could kick if they were startled. Raybourn knew to always put her hand on the horse's bottom if she ever went to its back side so it would know she was there. Although Raybourn states that she had no formal training with the horses, she did some "hands-on training" with an experienced volunteer or trainer when she was at CLER on Wednesdays; they would show her what to do.



On July 17, 2019, and again on August 24, 2019, Raybourn signed a Volunteer Liability Waiver. The two waivers were identical and read:



Volunteer Liability Waiver



VOLUNTEERING IN EQUINE ACTIVITIES CAN BE DANGEROUS. WE REQUIRE ALL VOLUNTEERS TO ASSUME ANY AND ALL RISK BY SIGNING THE FOLLOWING RELEASE:



I WISH to participate as a volunteer for Changing Leads Equine Rescue, on premises at the above location, owned by Premise Owners noted above. My volunteer activities include, but are not limited to cleaning stalls, feeding horses, walking horses to and from the barn, general property maintenance, assisting with Fuzzy Horse Show Circuit and other fundraising activities. I agree to abide by the CLER "Guidelines for Volunteers" and I understand that I may not do any activity not specifically taught at Volunteer Training sessions. I also understand that the CLER Board has the right to deny me participation in volunteer activities if my behavior is inconsistent with the "Guidelines for Volunteers."



AS A VOLUNTEER, I understand that equestrian activities can be dangerous and the Stable, Premise Owners or Organization cannot anticipate, identify, modify, or eliminate the inherent danger of equestrian activities. I will be near horses which can be excitable, difficult to control and unpredictable on the premises where this activity is taking place. I AGREE TO TAKE FULL RESPONSIBILITY FOR MYSELF.



THE UNDERSIGNED, on behalf of myself, my personal representatives, assigns, heirs and next of kin, hereby release, indemnify and will hold harmless the Stable, Premise Owners, and Organization, and any of their affiliates, directors, officers, equestrian trainers, employees, other volunteers, and all individual members and agents thereof (hereinafter "The Released Parties"), from litigation or claims of any kind for injury, damages or death arising from my activities as a volunteer, including any instance arising from the alleged negligence of the Released Parties.



I further agree that my participation as a volunteer constitutes an "equine activity", and that I have read this state's Equine Activity Liability Act warning Missouri Statute, 537.325 (1994).



Warning



Under Missouri law, an equine professional is not liable for an injury to or the death of a participant in equine activities resulting from the inherent risks of equine activities pursuant to the Revised Statutes of Missouri.



I further agree to waive all liability of the Released Parties for any loss, injury, damage or death which arises from the "inherent risks" of an equine activity, including those arising out of the alleged negligence of the "released parties". "Inherent risks of an equine activity", means a danger or condition that is an integral part of an equine activity, including, but not limited to, any of the following: (a) Propensity of an equine to behave in ways that may result in injury, death, or loss of persons on or around the equine; (b) The unpredictability of an equine's reaction to sounds, sudden movement, unfamiliar objects, persons, or other animals; (c) Hazards, including, but not limited to, surface or subsurface conditions; (d) A collision with another equine, another animal, a person, or an object; (e) The potential of an equine activity participant to act in a negligent manner that may contribute to injury, death, or loss to the person of the participant or to other persons, including, but not limited to, failing to maintain control over an equine or failing to act within the ability of the participant. "Released Parties" in this document refers to: Stable, Premise Owners, Organization, Clinicians, Sponsors and/or each of their respective directors, officers, employees, agents and/or volunteers.



* * *



MY SIGNATURE BELOW CONSTITUTES ACCEPTANCE OF THE ABOVE TERMS AND CONDITIONS; I HAVE READ AND UNDERSTOOD THIS LIABILITY RELEASE.



(emphasis original). When Raybourn signed the August 24 waiver, she also attended a two-hour volunteer orientation, where volunteers could ask questions. All of the volunteers were informed that if they were ever uncomfortable around a horse at any given time to let someone know, because the volunteers were never required to do something that made them uncomfortable.



During her volunteer sessions, Raybourn had walked horses, including a horse named Paradise, but had not ever had to walk any horse very far. Raybourn stated that there was usually another volunteer with her when she walked the horses.



On December 25, 2019, Raybourn volunteered to take a shift at CLER; there was only one other volunteer present that day because it was Christmas Day. Raybourn and the more experienced volunteer knew that they would be on their own, and they agreed to volunteer under those conditions. On December 25, 2019, CLER had only one rescue horse on the property, Paradise. Because horses are social animals and should not be kept alone, Paradise was being temporarily housed in the Woodson Hill stable instead of CLER's stable. Raybourn was asked to walk Paradise from the CLER corral to the Woodson Hill stable, which, according to Raybourn, was "far" from the CLER stable, "150 feet, 200 feet. I'm not sure. But it was much farther than the [CLER] barn." Raybourn walked Paradise out of the CLER corral, and then, although Paradise had not done anything that day to make Raybourn uncomfortable, Raybourn told the more experienced volunteer that she did not want to walk Paradise that far; she asked the more experienced volunteer to take the reins. The other volunteer took Paradise's reins, and, although the other volunteer did not see it happen, she thought Raybourn was standing toward the rear-end of Paradise when Paradise kicked Raybourn in the face, causing Raybourn to suffer significant injuries including a brain injury, facial lacerations, and a

broken jaw. Raybourn does not remember anything after she handed the reins to the other volunteer.



Raybourn sued both CLER and Woodson Hill, alleging premises liability, negligence, and misrepresentation. Both CLER and Woodson Hill filed separate motions for summary judgment on the basis that Raybourn's claims were barred by both the liability waivers she had signed and by the Equine Liability Act. The motion court granted summary judgment to both defendants on both grounds.



* * *



Defendant Changing Leads Equine Rescue ("CLER") is a non-profit horse rescue located in Kansas City, Missouri. CLER cared for rescue horses and made efforts to place the horses in adoptive homes. CLER utilized volunteer workers to help care for the horses by cleaning stalls, feeding and watering horses, and walking horses to and from the stable. CLER leased its stable and pasture land from defendant Woodson Hill Equestrian Center, which ran an equine boarding operation and conducted riding and training lessons at its own facilities next door.



In June of 2019, Raybourn began volunteering for CLER on most Wednesday afternoons. Before Raybourn started volunteering for CLER, she had very little experience with horses, but she did know that horses could be dangerous and could kick if they were startled. Raybourn knew to always put her hand on the horse's bottom if she ever went to its back side so it would know she was there. Although Raybourn states that



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she had no formal training with the horses, she did some "hands-on training" with an experienced volunteer or trainer when she was at CLER on Wednesdays; they would show her what to do.



On July 17, 2019, and again on August 24, 2019, Raybourn signed a Volunteer Liability Waiver. The two waivers were identical and read:



Volunteer Liability Waiver



VOLUNTEERING IN EQUINE ACTIVITIES CAN BE DANGEROUS. WE REQUIRE ALL VOLUNTEERS TO ASSUME ANY AND ALL RISK BY SIGNING THE FOLLOWING RELEASE:



I WISH to participate as a volunteer for Changing Leads Equine Rescue, on premises at the above location, owned by Premise Owners noted above. My volunteer activities include, but are not limited to cleaning stalls, feeding horses, walking horses to and from the barn, general property maintenance, assisting with Fuzzy Horse Show Circuit and other fundraising activities. I agree to abide by the CLER "Guidelines for Volunteers" and I understand that I may not do any activity not specifically taught at Volunteer Training sessions. I also understand that the CLER Board has the right to deny me participation in volunteer activities if my behavior is inconsistent with the "Guidelines for Volunteers."



AS A VOLUNTEER, I understand that equestrian activities can be dangerous and the Stable, Premise Owners or Organization cannot anticipate, identify, modify, or eliminate the inherent danger of equestrian activities. I will be near horses which can be excitable, difficult to control and unpredictable on the premises where this activity is taking place. I AGREE TO TAKE FULL RESPONSIBILITY FOR MYSELF.



THE UNDERSIGNED, on behalf of myself, my personal representatives, assigns, heirs and next of kin, hereby release, indemnify and will hold harmless the Stable, Premise Owners, and Organization, and any of their affiliates, directors, officers, equestrian trainers, employees, other volunteers, and all individual members and agents thereof (hereinafter "The Released Parties"), from litigation or claims of any kind for injury, damages or death arising from my activities as a volunteer, including any instance arising from the alleged negligence of the Released Parties.



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I further agree that my participation as a volunteer constitutes an "equine activity", and that I have read this state's Equine Activity Liability Act warning Missouri Statute, 537.325 (1994).



Warning



Under Missouri law, an equine professional is not liable for an injury to or the death of a participant in equine activities resulting from the inherent risks of equine activities pursuant to the Revised Statutes of Missouri.



I further agree to waive all liability of the Released Parties for any loss, injury, damage or death which arises from the "inherent risks" of an equine activity, including those arising out of the alleged negligence of the "released parties". "Inherent risks of an equine activity", means a danger or condition that is an integral part of an equine activity, including, but not limited to, any of the following: (a) Propensity of an equine to behave in ways that may result in injury, death, or loss of persons on or around the equine; (b) The unpredictability of an equine's reaction to sounds, sudden movement, unfamiliar objects, persons, or other animals; (c) Hazards, including, but not limited to, surface or subsurface conditions; (d) A collision with another equine, another animal, a person, or an object; (e) The potential of an equine activity participant to act in a negligent manner that may contribute to injury, death, or loss to the person of the participant or to other persons, including, but not limited to, failing to maintain control over an equine or failing to act within the ability of the participant. "Released Parties" in this document refers to: Stable, Premise Owners, Organization, Clinicians, Sponsors and/or each of their respective directors, officers, employees, agents and/or volunteers.



* * *



MY SIGNATURE BELOW CONSTITUTES ACCEPTANCE OF THE ABOVE TERMS AND CONDITIONS; I HAVE READ AND UNDERSTOOD THIS LIABILITY RELEASE.



(emphasis original). When Raybourn signed the August 24 waiver, she also attended a two-hour volunteer orientation, where volunteers could ask questions. All of the volunteers were informed that if they were ever uncomfortable around a horse at any



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given time to let someone know, because the volunteers were never required to do something that made them uncomfortable.



During her volunteer sessions, Raybourn had walked horses, including a horse named Paradise, but had not ever had to walk any horse very far. Raybourn stated that there was usually another volunteer with her when she walked the horses.



On December 25, 2019, Raybourn volunteered to take a shift at CLER; there was only one other volunteer present that day because it was Christmas Day. Raybourn and the more experienced volunteer knew that they would be on their own, and they agreed to volunteer under those conditions. On December 25, 2019, CLER had only one rescue horse on the property, Paradise. Because horses are social animals and should not be kept alone, Paradise was being temporarily housed in the Woodson Hill stable instead of CLER's stable. Raybourn was asked to walk Paradise from the CLER corral to the Woodson Hill stable, which, according to Raybourn, was "far" from the CLER stable, "150 feet, 200 feet. I'm not sure. But it was much farther than the [CLER] barn." Raybourn walked Paradise out of the CLER corral, and then, although Paradise had not done anything that day to make Raybourn uncomfortable, Raybourn told the more experienced volunteer that she did not want to walk Paradise that far; she asked the more experienced volunteer to take the reins. The other volunteer took Paradise's reins, and, although the other volunteer did not see it happen, she thought Raybourn was standing toward the rear-end of Paradise when Paradise kicked Raybourn in the face, causing Raybourn to suffer significant injuries including a brain injury, facial lacerations, and a



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broken jaw. Raybourn does not remember anything after she handed the reins to the other volunteer.



Raybourn sued both CLER and Woodson Hill, alleging premises liability, negligence, and misrepresentation. Both CLER and Woodson Hill filed separate motions for summary judgment on the basis that Raybourn's claims were barred by both the liability waivers she had signed and by the Equine Liability Act. The motion court granted summary judgment to both defendants on both grounds. This appeal follows.

Affirmed