MEMORANDUM DECISION AND ORDER I. INTRODUCTION On July 24, 2019, Plaintiffs, Jennifer and Thomas Bowman, brought this action against Defendant, Rocking Horse Ranch Corp., asserting claims for strict liability, negligence, zone of danger, and loss of consortium. Dkt. No. 1. Plaintiffs’ claims arise out of injuries Plaintiff Jennifer Bowman sustained during a horseback riding accident. See id. On June 22, 2021, Defendant moved for summary judgment claiming that Plaintiff assumed the risk of her horse “spooking” and therefore her negligence claims are barred. See Dkt. No. 37. Defendant also moved for summary judgment on Plaintiff Thomas Bowman’s claim for zone of danger as he did not witness the incident. See id. Plaintiffs filed an opposition on July 12, 2021. See Dkt. No. 38. Currently before the Court is Defendant’s motion for summary judgment. Based on the following Defendant’s motion is granted-in-part and denied-in-part. II. BACKGROUND Defendant Rocking Horse Ranch is a resort in Highland, New York that provides a variety of activities, including horseback riding. Dkt. No. 37-28 at 1. On or about January 19, 2019, Plaintiffs were guests at Defendant Rocking Horse Ranch. Dkt. No. 1 at 11. Prior to her most recent stay, Plaintiff Jennifer Bowman had been to Rocking Horse Ranch on two other occasions, once in 2017 and again in 2018. Dkt. No. 37-28 at 58. Plaintiff Jennifer Bowman rode at the beginner level on her first trip, on her second trip she rode initially at the beginner level and then at the intermediate level, and on her third trip she rode at the intermediate level. Id. at 62. Plaintiff Jennifer Bowman also attended an instructional class for guests about horseback riding provided by Defendant on her first, and possibly second, trip. Id. at 63. She did not attend on her third trip, in January 2019. Id. When Plaintiffs arrived in January 2019, they were presented with and signed several documents, including the Assumption of Risk and Horseback Riding Application forms. Id. at
59-61. Thereafter, Plaintiff Jennifer Bowman went on an intermediate-level horseback ride at 10:00 a.m. with her husband, Plaintiff Thomas Bowman, and her two daughters. Id. at 65. Following their 10:00 a.m. ride, Plaintiffs and their two daughters waited on standby to see if there was room for them on the next ride. Id. at 67. Plaintiffs subsequently joined the 11:15 a.m. intermediate ride while one of their daughters joined an advanced ride and the remaining daughter elected not to join any ride. Id. at
