Sport Waiver Risk Fitness Law

In a 2008 case (Stephenson v. Food Bank for New York City), Devone Stephenson alleged that the league was negligent in its supervision, operation, and control of the basketball game in which he was injured. Stephenson suffered a broken jaw when an opponent suddenly punched him in the face. Stephenson alleged that there was rough play, taunting, and “trash talk” throughout the game even though his team captain asked the referees to clean up the game.
The league claimed that Stephenson had released the league from liability when he completed an …

The Cohen v. Five Brooks Stable court (2008 Cal. App. LEXIs 222) gave some sound advice to writers of waivers. While acknowledging that California courts hold releases of liability to a high standard of clarity, the court emphasized that “An effective release is hard to draft only if the party for whom it is prepared desires to hide the ball, which is what the law is designed to prevent. . . . A release that forthrightly makes clear to a person untrained in the law that the releasor gives up …

Minnesota joined the list of states that have enforced a liability waiver which was signed by a parent on behalf of a minor child (Moore v. Minnesota Baseball Instructional  School, 2009 Minn. App. Unpub. LEXIS 299).  Moore signed a waiver for her son releasing the Minnesota Baseball Instructional School from liability arising from injury or loss caused by negligence or otherwise while participating in such activity or while upon the premises.
The minor suffered the loss of vision in one eye while throwing woodchips during a free period. The lawsuit challenged …