Sport Waiver Risk Fitness Law

By Doyice Cotten

There is risk everywhere, whether we are in a major U.S. city, a rural community in Kansas, on the Mekong River in Southeast Asia, playing a lottery, or an online casino. In this article, we will look at some risks faced by those living in the Amazon basin and in some cases by tourists visiting the area.
Photos 2, 3, and 4include some risks faced by tourist in the city of Iquitos – the gateway to the Amazon. In Photo 2, note the steep stairs with no …

By Doyice Cotten
Lewis Operating Corporation and Homecoming II operate a residential property which offers a health club or exercise facility as an “amenity” for residents. John Costahaude, a resident, was using a treadmill when an employee or agent of the ownership group  rolled a ball into, or under, the treadmill, causing the treadmill to flip upward and throw Costahaude off the machine. (Lewis Operating Corporation v. The Superior Court of Riverside County, 2011 Cal. App. LEXIS 1410)
Costahaude had signed a waiver in the rental agreement, agreeing that he
“assumes all risk …

By Doyice Cotten
What is Rhabdomyolysis and why should I know about it? Rhabdomyolysis (sometimes referred to as Exertional Rhabdomyolysis) is a condition in which damaged skeletal muscle tissue breaks down rapidly and enters the bloodstream, bringing on a potentially debilitating or life threatening illness. Byproducts of damaged muscle cells are released into the bloodstream and can lead to kidney damage or even kidney failure.  Why should you know about it? Anyone connected with conditioning – whether as a coach, personal trainer, physical educator, or exerciser – needs to be aware …

By Doyice Cotten and Mary B. Cotten
On a recent visit to Peru, we noted some situations that would have benefitted from a good risk management program and, happily, a number of instances where good risk management practices were used.
In Lima, or more accurately, its suburb Miraflores, we saw surprising few real hazards. The area was clean and relatively safe. Photos 1 through 3 include some hazards found while walking on one of its busy sidewalks.  The first shows wire surrounding plants within the sidewalk area – a real tripping …

Editor’s Note: We already know that risks abound in sport and recreational activities. There are, however, many defenses available that can serve as protection from liability. A major defense that is sometimes available for providers is immunity. Immunity comes in many forms, but today’s article focuses on immunity that is available for a particular sport – skateboarding. Similar immunity statutes exist in some states for other activities (e.g., snow mobiling, equine activities, sport shooting, outfitters and guides, skating).
This article originally appeared in the Sept., 2009 issue …