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.

You Be the Judge – Test your Liability Knowledge

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By Doyice Cotten

Occasionally, we offer the reader an opportunity to test his or her liability judgment. Take a few minutes and check this waiver and see if you think it protected the defendant health club from liability for negligence (Hoffner v. Fitness Xpress, 2016).

Situation

Charlotte Hoffner had been a member of Fitness Xpress, a health club in Michigan, for about two weeks when she slipped and fell on ice on the sidewalk in front of the club.

Admiralty Law Supports Liability Waiver in New Jersey Parasail Case

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By Doyice Cotten

The Olmos and their two sons signed up for a parasailing trip. While on the boat traveling out of the inlet, Dina Olmo shifted her sitting position just as the boat hit a wave, lifting her into the air. When she landed she felt “a stabbing pain at the bottom of [her] back.”The boat immediately returned to the dock and she was taken to the hospital. The two sons remained to continue with their parasailing trip.

Test Yourself: Analyze this Waiver Case and Predict Whether the Waiver Protects

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By Doyice Cotten

Plaintiff Asabi L. Barner Jackson (Jackson), who lives in South Carolina, chose to have Black Ink apply a tattoo, based upon a reality TV series in which Black Ink allegedly represented itself to specialize and be experts in tattooing African American skin (Jackson v. Black Ink Tattoo Studio, Inc., 2016).

Jackson claims that she has permanent injury to her left breast. She says there is “deep tissue damage and a very large,