Sport Waiver Risk Fitness Law

This is the first 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 which we entrust to others. After this series you will know many pitfalls and minefields to avoid. Thanks goes to Daniel P. Hale for contributing this series to Sportwaiver.com. The first three segments of the series will focus on property insurance.

PROPERTY INSURANCE LOSSES
1. 100% …

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SportWaiver.com brings you invaluable information about risk management in the areas of sport and recreation, with particular emphasis on one of the most effective risk management tools – liability waivers.  In the next few weeks …

This article by Alexander “Sandie” Pendleton sums up some key issues involved in the recent Woodman v. Kera (2010) case in which the Michigan Supreme Court held parental waivers to be unenforceable. A five-year-old was injured in an inflatable bounce area at a birthday party. Mr. Pendleton is with Kohner, Mann & Kailas, S.C. in Milwaukee.
The Michigan Supreme Court on June 18, 2010 issued its long-awaited decision in Woodman v. Kera, holding that under Michigan law waiver-of-liability forms signed by parents on behalf of minors are unenforceable.
Key to …

Thanks to Reb Gregg for permission to publish this thought provoking treatise on risk management in today’s world. Reb would welcome discussion on the topic and we will be happy to post your comments on this site. Reb would like to know which of these issues, or others, are most significant for your sport, fitness, or recreation operation and why. For more information about Reb (an attorney and recognized expert in risk management), go to our Links to Other Experts.
Risk Management in Today’s World
by Reb Gregg
Listening to recent reports …

This article by Doyice Cotten illlustrates that the language used is crucial to the enforcement of indemnification agreements.

Two recent equine cases illustrate the importance of the indemnification language used in liability waivers. In Polechek v. Schina (2010 N.J. Super. Unpub. LEXIS 674), the owner of a horse that was running loose around the track in the wrong direction attempted to keep her horse from escaping from the track.  She moved into a gap in the rail of the track and shouted “Whoa.” The horse ran over her causing substantial …