Risk Management for Tourists in United Kingdom Gets an A+

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Doyice Cotten

Most of my risk management photo posts have been from third world countries depicting, more accurately, the lack of risk management rather than kudos for safety. Not so from our recent trip to England, Wales, and Scotland where warnings abound.

England

The following warnings are common in England, but, to me, the most unique was the first one we encountered – when we were about to cross the street in London. In the tourist areas we visited,

Adhesionary Contracts or Unconscionable Contracts: Are They Enforceable?

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By Doyice Cotten

A recent New York waiver case (Lobell v. Youtube, LLC and Google, Inc., 2017 U.S. Dist. LEXIS 127327) involved the allegation that a waiver was not enforceable because it was both an adhesionary contract and an unconscionable contract. The U.S. District Court for the Southern District of New York examined the issue in light of California law (as called for by the provisions of the contract).

Adhesionary Contract

The court defined an adhesionary contract as “a standardized contract,

Is the Business Liable for Falls in the Parking Lot?

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By Doyice Cotten

Jade Kindermann was carrying her 22-month old son when she tripped over uneven pavement in the parking lot of the Lifetime Fitness Center (LTF Club Operations Company). Jade was unhurt, but her son suffered serious injuries when she landed on him. Jade sued the owner of the facility on her son’s behalf, alleging negligence and premises liability under state law.

Business owners sometimes forget that they may be held liable for injuries occurring on their sidewalks,

Is the Word “Negligence” Required for Waivers in New York Courts?

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By Doyice Cotten

In 2016, Michelle Kalinkina, a professional model agreed to have a public haircut and styling demonstration. During the haircut, the stylist cut Kalinkina’s neck causing physical injury and scarring. She subsequently sued for damages alleging negligence and gross negligence (Kalinkina v. Martino Cartier Enterprises, LLC, 2017 U.S. Dist. LEXIS 95670).

Cartier provided a waiver signed by Kalinkina as a defense against the negligence claim. The waiver read:

I am providing modeling services for International Designs Corp.

University Study-Abroad Student Drowned in Costa Rica

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By Doyice Cotten

Note: This is the third consecutive post (involving law in three states in three types of activity) in which assumption of risk has played a major role.

20-Year-old Erik Downes, college student at Oglethorpe University, drowned in the Pacific Ocean while he was in Costa Rica attending a study-abroad program. His parents brought a wrongful death suit against the university alleging negligence and gross negligence. Oglethorpe argued that 1) it owed no legal duty to Downes;

Assumption of Risk Determines Ruling in a Washington Tubing Case

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By Doyice Cotten

This case has some similarities to the Swigart v. Bruno California case in last week’s post.  Each case was determined by an assumption of risk and not by a waiver of liability.

Pellham participated in an inner tube float in which his tube struck a fallen log in the water. The plaintiff sued the rental company claiming that the defendants owed him a duty to warn about a fallen log in the river and for gross negligence (Pellham v.

A Waiver is not Always Necessary! Primary Assumption of Risk

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By Doyice Cotten

Kathleen Swigart entered a long distance horse riding event conducted by the American Endurance Ride Conference (AERC), a national governing and record-keeping body for “long distance horse riding.” An endurance ride is  “a highly competitive and demanding sport” in which the riders follow a specific course, collecting playing cards at set checkpoints along the route to verify having completed the entire course before crossing the finish line.

At the eight-mile checkpoint, seven horses were close together in a single line.

Getting Fit Fast?  . . . CAUTION: RHABDOMYOLYSIS ALERT

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By Doyice Cotten

What is Rhabdomyolysis? Regular readers of SportWaiver.com will know that this is a disease that can result from extreme exercise. The ailment is often found in sedentary adults who attempt to “get in shape” overnight. However, the disease is also found sometimes in more active and younger individuals.

There have been a number of cases in recent years in which college athletes have been afflicted. Courtney Cameron in a recent AthleticBusiness.com post cites a number of cases resulting from indoor cycling and spinning classes.

Bounce House Rental Waiver Protects One Stop Rental Tool and Party from Liability

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By Doyice Cotten

Richard Whitson rented an inflatable bounce house from the defendant, One Stop. Whitson had rented the house in the past.The bounce house weighs over 400 pounds and comes in a vinyl bag, uninflated.   The bag has a strap on the bottom and a cinch strap at the top to keep the bag closed. Whitson watched employees load the house into the back of his truck (Whitson v. One Stop Rental Tool & Party,

Very Broad Waiver Protects in Spite of Fact a Signed Waiver was not Produced

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 By Doyice Cotten

Theresa Brigance was injured at Vail while taking beginning skiing lessons. Vail claimed no liability on the basis of a required liability waiver. Brigance’s ski boot became wedged under the chair in the ski lift. Interestingly, Vail was unable to produce a signed waiver in court.(Brigance v. Vail Summit Resorts, Inc., 2017 U.S. Dist. LEXIS 5447)

Liability waivers sometimes fail because they are not broad enough to cover the circumstances of the incident;