Question

Limitation-of-Liability Clauses. Mia Eriksson was a seventeen-year-old competitor in horseback-riding events. Her riding coach was Kristi Nunnink. Eriksson signed an agreement that released Nunnink from all liability except for damages caused by Nunnink’s “direct, willful and wanton negligence.” During an event at Galway Downs in Temecula, California, Eriksson’s horse struck a hurdle. She fell from the horse and the horse fell on her, causing her death.

Her parents, Karan and Stan Eriksson, filed a suit in a California state court against Nunnink for wrongful death. Is the limitation-of-liability agreement that Eriksson signed likely to be enforced in her parents’ case?If so, how will it affect their claim? Explain.

Answer 1

The limitation-of-liability agreement that Eriksson signed will be enforced in her parent’s case against Nunnink. The limitation of liability clause is the provision in the agreement that affects the availability of certain remedies. Nunnink has already signed the agreement that released Nunnink from all liabilities except for damages caused by Nunnink’s “direct, willful and wanton negligence”. Eriksson’s death was not due to Nunnink’s “direct, willful and wanton negligence” as she died because of the horse where Nunnink had no control over the situation. The clause releases Nunnink from all the liabilities and hence the parents of Eriksson cannot claim wrongful death against Nunnink.