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, 

A Good Approach to Electronic Waivers in New York State

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By Doyice Cotten

This electronic waiver case was discussed briefly a couple of weeks ago. Here it is examined in more detail.

A frequent question is “Are electronic waivers as good as paper waivers?” or “Are electronic waivers enforceable?” The answer seems to be “yes” for both questions. The writer has read electronic waivers in several states and has yet to find one that fails because it is electronic; in fact,

How Broad Should Your Waiver Be?

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By Doyice Cotten

Can a waiver fail to protect the service provider because it is too broad in scope?  YES.  Can a waiver fail to protect the service provider because it is not broad enough in scope?  YES. Where does the provider or the waiver writer go from here? One might answer “Make it as broad as you can without making it too broad . . . but, be sure you cover everything.” That doesn’t help much, does it?

HOW TO PUT TEETH IN YOUR VACATION RENTAL AGREEMENT

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By William W. Ballinger
       Attorney at Law

What does your current vacation rental agreement look like?  Is it a lease agreement, or one that has been pasted together from various online sources? If so, you are putting yourself and your property at risk.

INTRODUCTION

The short-term vacation rental business is growing by leaps and bounds. The industry has expanded to include not only professional vacation managers, but private homeowners who recognize the benefits of renting out their second homes or rooms in their residences to create additional income for themselves.

Wisconsin Supreme Court Reinforces its Stand Against the Enforcement of Waivers

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By Doyice Cotten

Several liability waivers have been enforced by Wisconsin appellate courts over the years; more important, however, is the fact that the Wisconsin Supreme Court has never enforced a liability waiver. With the advent of Roberts v. T.H.E. Insurance Company (2016), that record is still intact.

Patti Roberts attended a charity event at which Sundog Ballooning, LLC, offered tethered hot air balloon rides. After watching the event for a few minutes, Roberts decided to take a ride.