What if I signed a waiver before my horseback riding accident?
If you signed a waiver before engaging in the activity, the answer is it really depends. Exculpatory clauses such as releases or waivers of liability are hotly contested and litigated in the state of Florida. If the release clearly and unequivocally conveys the intention of the provider to be immune from lawsuits, and if the wording used in that release is so clear and unequivocal that a person of ordinary intelligence could understand that they are giving up important legal rights, then the courts will enforce that release, and your claim will be barred. If, however, a court finds that the release is not so astutely worded, not so clearly worded, or is equivocal, then the courts generally will allow you to proceed forward with your claim and let a jury decide whether or not the release will be effective.