08-04-09 HUBNER V. SPRING VALLEY EQUESTRIAN CENTER
A-4723-07T1
The question raised is whether the Legislature's policy
inferable from the equine animal activities act, N.J.S.A. 5:15-1
to -11, precludes enforcement of an exculpatory agreement to
defeat a claim of liability based on acts, omissions and
circumstances expressly identified in N.J.S.A. 5:15-9. Because
enforcement of a release in those circumstances is so likely to
alter the balance struck by the Legislature in allocating the
risks and costs of equine animal activities, N.J.S.A. 5:15-1, we
conclude that absent contrary direction from the Legislature an
exculpatory agreement cannot be enforced to defeat a claim of
liability authorized by N.J.S.A. 5:15-9.
Chase Smith assistant editor
