On countless occasions, this author has stressed two points. First, is the value (or even necessity) of including specific reference to the “negligence of the provider” in the exculpatory language of a waiver.
By Doyice Cotten
In a November, 2012 post, Florida Waiver Law: Must the Waiver Include the Term “Negligence?”, we learned that for a waiver to be enforceable, the term “negligence,” or its equivalent must be included in a waiver in all Florida districts except the 5th.
By Doyice Cotten
The general rule is that a business entity is liable for injuries resulting from the negligence of the business or its employees. The business, however, is not generally liable for injuries caused by the negligence of independent contractors working.
By Doyice Cotten
A guest at Grand Seas Resort was injured when his chair collapsed on the patio. He sued alleging negligence and the Resort claimed protection from its exculpatory clause in the “guest license agreement.” The entire exculpatory language was “Management .
By Doyice Cotten
A lot rides on a liability waiver; they often determine whether the provider wins or loses a negligence suit. It is important enough that the waiver creator should take care to make certain that the waiver clearly defines the intent of the document.
By Doyice Cotten
When discussing liability waivers, the question often arises “Does the waiver have to include the term ‘negligence’ or ‘neglect’ in order to protect against liability for negligent acts by the provider?” The answer actually varies depending upon the state involved.
This is a well-researched article pointing out some important aspects of Florida waiver law. Thanks to Nina Conte for allowing SportWaiver.com to publish this article. Nina received her law degree from Florida International and is an associate with Cole, Scott,
By Doyice Cotten and Mary Cotten
We have previously addressed the question “Do online electronic waivers work?” (see Online Waiver Agreements: Not Worth the Paper They’re (Not) Written On?, Online Waivers/Electronic Signatures in NY,
By Doyice and Mary Cotten
On February 7 of this year we posted an article “Updating Parental Waiver Law — Part I”
updating laws regarding parental waivers in Florida and a number of other states.
By Doyice Cotten
Several court rulings as well as a new statute have affected the parental waiver landscape recently. The purpose of this two-part article is to bring you up-to-date on changes in the law. Three states are discussed below and Alabama,
