SIGNIFICANT CASE SUMMARY
Virginia Case Summary
Julianne Post v. The Pines Horse Farm and Sanctuary, LLC
Virginia Court of Appeals
Record No. 0445-25-1
Decided: May 19, 2026
The Court of Appeals affirms the enumerated exclusions to Va Code §3.2-6202, allowing a narrow set of tort claims to proceed.
Background
On April 1, 2023, Plaintiff, Julianne Post, participated in a horseback riding lesson at a location owned and operated by Defendant, The Pines Horse Farm and Sanctuary, LLC. Prior to her lesson she signed a waiver and release. During her lesson, the tack broke on the saddle of the horse she was riding, causing her to fall and sustain injuries. Plaintiff filed suit alleging Defendant failed to maintain the equipment used during the lesson, failed to properly supervise and advise Plaintiff during the lesson, and failed to warn her of the defective equipment. Defendant moved for summary judgment. The trial court granted summary judgment. Plaintiff appealed.
Holding
The Virginia Court of Appeals upheld Va. Code §3.2-6202 which limits the liability of equine activity for injuries resulting from the intrinsic dangers of equine activities. At first reading, this statute would bar Plaintiff’s claim; however, Va. Code §3.2-6203 provides three circumstances that allow liability to be pursued. These include intentional acts; negligent acts or omissions, unless expressly assumed with a waiver under §3.2-6202; and/or knowingly providing the faulty equipment which caused the injury. Plaintiff did not allege an intentional tort but did successfully plead the remaining exceptions. While Plaintiff did sign a waiver, this waiver did not contain notice of the intrinsic dangers of the equine activity specific to equipment failure and could not bar Plaintiff’s claim. Further, Plaintiff appropriately pled that the Defendant knew about the faulty equipment.
The Virginia Court of Appeals reversed the trial court’s decision granting Defendant’s Motion for Summary Judgment and remanded the case for further proceedings. At this stage, the Court found Plaintiff appropriately pled at least two of the enumerated exceptions to the general liability limits placed on equine activities as outlined by Va. Code §3.2-6202 and §3.2-6203.
Questions about this case can be directed to Danielle Kent at (804) 566-3571 or dkent@tthlaw.com.