Michigan Court Explains Distinction between Negligence & Gross Negligence in Roller Derby Case

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By Doyice Cotten

Elizabeth Dudros was injured when she struck a wall located only five feet from the roller derby track during a non-contact drill. She had to swerve to avoid a pile-up causing her to strike the wall (Budros v. Womens’ Flat Track Roller Derby Association, 2017 Mich. App. LEXIS 1525).

Budros had purchased WFTDA insurance before skating; the policy included a waiver of liability. The Traverse City Roller Derby (TCRD) athletic director showed Budros around the track prior to the drill.

WAIVERS FOR MINOR PARTICIPANTS: More States with Likely Enforcement of Commercial and Non-Profit Entities — Part VII

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By Doyice Cotten

This is the seventh of an eight-part series on the enforceability of liability waivers of negligence when the sport or recreation participant is a minor.

Last week, three states were discussed in which the enforcement of parental waivers is very likely. Three more states are discussed in this post. Parental waivers are likely to be enforced in each.

Indiana

A 2012 state appellate court (Wabash County Young Men’s Christian Association v.

WAIVERS FOR MINOR PARTICIPANTS: States Yielding Insufficient Enforcement Information — Part II

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By Doyice Cotten

This is the second of an eight-part series on the enforceability of liability waivers of negligence when the sport or recreation participant is a minor.

 

In Part I of this series, states in which court rulings, public policy, or statute forbid the enforcement of parental waivers were listed. Unfortunately, it is not always possible to confidently predict whether courts in a state will enforce such waivers. There are seventeen states from which there is insufficient information from caselaw to forecast the way in which courts might rule.

Adhesionary Contracts or Unconscionable Contracts: Are They Enforceable?

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By Doyice Cotten

A recent New York waiver case (Lobell v. Youtube, LLC and Google, Inc., 2017 U.S. Dist. LEXIS 127327) involved the allegation that a waiver was not enforceable because it was both an adhesionary contract and an unconscionable contract. The U.S. District Court for the Southern District of New York examined the issue in light of California law (as called for by the provisions of the contract).

Adhesionary Contract

The court defined an adhesionary contract as “a standardized contract,

Bounce House Rental Waiver Protects One Stop Rental Tool and Party from Liability

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By Doyice Cotten

Richard Whitson rented an inflatable bounce house from the defendant, One Stop. Whitson had rented the house in the past.The bounce house weighs over 400 pounds and comes in a vinyl bag, uninflated.   The bag has a strap on the bottom and a cinch strap at the top to keep the bag closed. Whitson watched employees load the house into the back of his truck (Whitson v. One Stop Rental Tool & Party,

Very Broad Waiver Protects in Spite of Fact a Signed Waiver was not Produced

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 By Doyice Cotten

Theresa Brigance was injured at Vail while taking beginning skiing lessons. Vail claimed no liability on the basis of a required liability waiver. Brigance’s ski boot became wedged under the chair in the ski lift. Interestingly, Vail was unable to produce a signed waiver in court.(Brigance v. Vail Summit Resorts, Inc., 2017 U.S. Dist. LEXIS 5447)

Liability waivers sometimes fail because they are not broad enough to cover the circumstances of the incident;

Evaluation of a Liability Waiver by a California Appellate Court

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By Doyice Cotten

Quite often I get a request by a service provider to take a look at their waiver and tell them if I think it is adequate. So I thought many readers might like to see how a court looks at a waiver to determine if it is enforceable. A California case involved an incident at a trampoline facility; the court discussed why the waiver was valid and enforceable (Torres v. House of Air,

Massachusetts Indemnity Clause Enforced in Ultimate Frisbee Case

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By Doyice Cotten

Liability waivers often include an assumption of risk, a waiver of liability for negligence, and an indemnification agreement. The purpose of the waiver of liability is to protect the provider from liability in the event of participant injury. In spite of the presence of a signed waiver, suit is often filed by the injured party or by others on his or her behalf.

The object of the indemnification agreement is for the provider to be able to recoup any loss resulting from such a legal action – the loss may include a monetary judgment,

Illinois Drag Racing Waiver Upheld for Negligence — But not for Strict Liability

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By Doyice Cotten

David Jones, suffered permanent injuries in a drag-racing accident resulting from the failure of an added part during the performance of a wheelie. He filed this products liability action against UPR and numerous other entities alleged to have participated in the production or design of the Product, alleging negligence and strict liability (Jones v. UPR Products, Inc., 2016 U.S. Dist. LEXIS 54887)

He had previously signed a Waiver of Liability Assumption of Risk and Indemnity Agreement.

Duration of Waivers: A 3 Part Series — Part 1

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Part 1

By Doyice Cotten

Tariq Davis, a minor, was injured when he ran into the street and was struck by an auto while chasing a soccer ball (Davis v. American Youth Soccer Organization, Virgin Islands, 2016). The American Youth Soccer Organization (AYSO) claimed protection from a waiver signed by a parent on behalf of the youth.

Courts in the Virgin Islands have stated that “an exculpatory clause which limits or absolves a party for its own ordinary negligence is generally enforceable,