South Dakota in Federal District Court decision seems to allow a release to stop the claims for a minor.
What went wrong and how to beat the lawsuit when a guide sues to recover fees, he paid to climb mountain Everest after the trip was cancelled? Several things.
In the future, if you are contacted by a member of law enforcement or the Colorado Avalanche Information Center about your backcountry activities, invoke your 5th amendment constitutional right to remain silent and say nothing.
Putting a saddle on a horse does not turn a livery into a saddle manufacturer. Release stops negligence claims and law stops product liability claims.
Reed v. Union Resort, LLC, 2018 U.S. Dist. LEXIS 225856, 2018 WL 8332583
Federal District Court applying South Dakota law finds release was ineffective in stopping claims for injury that did not occur because of the risk the plaintiff was anticipating.
Messer v. Hi Country Stables Corp., 2013 U.S. Dist. LEXIS 2675, 2013 WL 93183
Wimmer v. Top Gun Guide Serv., 421 F. Supp. 3d 849, 2019 U.S. Dist. LEXIS 185888, 2019 WL 5558308
