Other Voices
Other Voices, Risk Management, Uncategorized »
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This timely article is 1 of 5 being re-run in light of the Penn State sex scandal!
D. Michael Pfahl,
President, DMP Consulting, Inc.
This article first appeared in Sadlersports.com and serves as an excellent concluding article for the John Sadler series on background testing.
Call it “sixth-sense”, “gut-feeling” or that “little voice” we all have it and make the conscious choice to listen or ignore it whenever it makes itself known. Have you ever wondered if every person who was willing to say yes and step up to …
Featured, Other Voices, Waivers »
By Alexander “Sandie” Pendleton
of Kohner, Mann & Kailas, S.C.
On July 21, 2011, a Wisconsin Circuit Court granted summary judgment to Trek Bicycle Corporation in a lawsuit arising out of a mountain bike accident. The plaintiff in the case had sustained the permanent loss of the use of his legs due to an accident that occurred on a mountain bike trail system that was established and maintained by Trek.
The basis for the dismissal was the court’s conclusion that Wisconsin’s Recreational Use Statute (the “R.U.S.”) provided immunity to Trek. The …
Featured, Other Voices, Waivers »
By Alexander “Sandie” Pendleton
of Kohner, Mann & Kailas, S.C.
On August 12, 2011, the Illinois Court of Appeals upheld a trial court’s dismissal of a lawsuit brought against the Salvation Army by a voluntary participant in a Salvation Army rehabilitation program, based on the participant’s having signed a waiver agreement prior to the accident occurring. Although the case does not arise in a recreational event context, the holding in the case is relevant and may be of value to recreational opportunity providers who ask event volunteers to sign …
Other Voices, Risk Management, Waivers »
By Alexander “Sandie” Pendleton
Waivers have failed, at least in part, due to the failure of the signer to have an opportunity to bargain over the terms of the contract. (Atkins v. Swimwest Family Fitness, 2005) Several tactics have been suggested to prevent a waiver from being adhesionary or unconscionable due to the lack of opportunity to bargain.
On the issue of bargaining, importantly, the Atkins decision talks in terms of “the form itself must offer the opportunity for bargaining” (para.25). Unfortunately, the Wisconsin courts have yet to explain exactly what that …
Other Voices »
By Herb Appenzellar
Herb Appenzeller is the pioneer in the field of Injury, Liability, and Litigation in Sports. He is a true authority in the area of risk management in sport and publishes the newsletter, From the Gym to the Jury,
There has been much discussion regarding the “pay for play” policy by both sides — proponents and critics of the controversial issue. With all the attention given to the controversy, little, if anything has been said about the possibility that payment beyond that typical full athletic scholarship will make the …
