Arizona Constitution Article 18 Section 5 Interpretation

In Bothell v. Two Point Acres, Inc., 192 Ariz. 313, 317 P9 n.4, 965 P.2d 47, 51 n.4 (App. 1998), and Morganteen v. Cowboy Adventures, Inc., 190 Ariz. 463, 466 n.5, 949 P.2d 552, 555 n.5 (App. 1997), the Court addressed express contractual assumptions without regard to Article 18, section 5. In Bothell, a girl and her parent signed a preprinted release relieving a stable from liability for injuries during any horse-related activity. 192 Ariz. at 315, 965 P.2d at 49. After the girl was injured, she and her parent brought suit, and the stable moved for summary judgment based on the release and an Arizona statute that limits liability for owners of horse facilities under certain circumstances. Id. at 316, 965 P.2d at 50. Because we decided that neither the release nor the statute applied, we did not address the constitutional issue. In Morganteen, a couple signed a waiver releasing a stable from liability for any potential injuries. 190 Ariz. at 464, 949 P.2d at 553. After receiving negligent instruction from the trail guide, the wife was injured and brought suit. The trial court granted summary judgment for the riding stable, ruling that the waiver barred the negligence suit. The Court reversed, finding that there was a question of fact whether the woman had understood the release. Id. at 467, 949 P.2d at 556.