Sport Waiver Risk Fitness Law

This is the sixth of an 8-part series dealing with insurance myths. We all know that insurance is one of the major risk management tools for any sport, fitness, or recreation business. For many of us, however, insurance is just a big mystery that we entrust to others. After this series, you will know many pitfalls and minefields to avoid. Thanks go to Daniel P. Hale for contributing this series to Sportwaiver.com. Segments 1-3 focused on property insurance, Segments 4-5 covered liability insurance, and this segment addresses two …

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 is the fifth of an 8-part series dealing with insurance myths. We all know that insurance is one of the major risk management tools for any sport, fitness, or recreation business. For many of us, however, insurance is just a big mystery that we entrust to others. After this series, you will know many pitfalls and minefields to avoid. Thanks go to Daniel P. Hale for contributing this series to Sportwaiver.com. The first three segments of the series focused on property insurance. Part 4 and 5 will cover Liability …

Julie I. Fershtman, Attorney at Law gives accurate answers to some important questions about waivers.
Dear Readers:
A few years ago, a major equine magazine interviewed me on the topic of releases of liability (sometimes called “waivers”) that are used in equine-related activities. I have long said that liability waivers and releases are, in my opinion, the most misunderstood documents in the equine industry. To explain this further, I am re-printing a portion of my interview in this article.
Question: Why do some people believe releases and waivers are not worth the
paper they’re …

This case discussion is provided by Dr. Leonard K. Lucenko, a sports and recreational facilities safety expert.
Case Facts:
In September 2002, the plaintiff was playing a recreation hockey league game on the Red Rink at the defendant ice hockey facility.  This was the first time the plaintiff had played a league game at this venue.  Management had failed to warn the plaintiff or the other players that the kick plate on this rink was broken and cracked in several areas around the rink.
At the second-period face-off the plaintiff skated after the …