Sport Waiver Risk Fitness Law

Readers will find that this is one of the best pieces to be found relating to industry standards and liability. Our thanks go to author “Reb” Gregg and to Steve Smith who originally published the article in Touchstones – News and Resources for Outdoor Programs for permission to run the article in SportWaiver.com. Touchstones is a publication of Experiental Consulting which focuses on risk management, staff training, and human resources for outdoor programs and is edited by Steve Smith. To subscribe to the newsletter, click here.

By Charles “Reb” Gregg, Attorney

There …

We are fortunate to have a new article by the lady who is perhaps the foremost expert in equine law – Julie Fershtman. While the article relates specifically to equine waivers, waiver law is the same regardless of the sport or activity.
By
Julie I. Fershtman, Esq.

Introduction
Stables, race tracks, show managers, horse trainers, riding instructors, and individual horse owners often seek ways to reduce their liability risks.  Where horse-related activities are involved, a consistent dedication to safety is not always enough since injuries can never be completely prevented.  Liability waivers and …

May 22, 2010 /24-7PressRelease/ –
In 2008, the Florida Supreme Court held that parents who sign liability waivers allowing their children to participate in risky adventure activities are endangering their children’s property and estate, and therefore not acting in their children’s best interest.  As the court noted, child liability waivers protect businesses at the expense of children, which hardly seems a reasonable balancing of interests.
Accordingly, the Florida Supreme Court held that in the absence of a statute clearly permitting child liability waivers, these waivers were unenforceable.  However, recently the Florida legislature …

This article by Alexander “Sandie” Pendleton addresses some of the concerns regarding the validity of online waivers. Mr Pendleton is with Kohner, Mann, and Kailis of Milwaukee.
Do courts enforce waiver agreements that are entered into electronically, for instance, via an online registration process? Or instead, will courts only find an agreement enforceable if the agreement is printed on a real piece of paper and signed in ink in the traditional manner?
The above questions raise a host of issues. . .     Click here to read the entire article.

This article by Alexander “Sandie” Pendleton sums up some key issues involved in the recent Woodman v. Kera (2010) case in which the Michigan Supreme Court held parental waivers to be unenforceable. A five-year-old was injured in an inflatable bounce area at a birthday party. Mr. Pendleton is with Kohner, Mann & Kailas, S.C. in Milwaukee.
The Michigan Supreme Court on June 18, 2010 issued its long-awaited decision in Woodman v. Kera, holding that under Michigan law waiver-of-liability forms signed by parents on behalf of minors are unenforceable.
Key to …