Tag Archives: Illinois

Illinois Drag Racing Waiver Upheld for Negligence — But not for Strict Liability

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By Doyice Cotten

David Jones, suffered permanent injuries in a drag-racing accident resulting from the failure of an added part during the performance of a wheelie. He filed this products liability action against UPR and numerous other entities alleged to have participated in the production or design of the Product, alleging negligence and strict liability (Jones v. UPR Products, Inc., 2016 U.S. Dist. LEXIS 54887)

He had previously signed a Waiver of Liability Assumption of Risk and Indemnity Agreement.

We Know Delta and Greyhound are Common Carriers … But is a Zipline a Common Carrier in Illinois?

WAQ

By Doyice Cotten

April Dodge was a paying customer of Grafton Zipline Adventures when the braking system failed causing April to collide with a tree and suffer injury. She sued alleging that Grafton was negligent. Grafton claimed protection from the liability waiver signed by April prior to participation to which the plaintiff asserted that the waiver was unenforceable because Grafton is a common carrier and cannot exempt itself from liability for its negligence (Dodge v. Grafton Zipline Adventures,

Club Thought it was Protected Against Negligent Emergency Care

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By Doyice Cotten

All health clubs need a sound risk management program aimed at the prevention of injuries. Included in that program should also be the use of a comprehensive, broadly worded liability waiver – just in case the risk management program does not work perfectly. In the following case, Locke v. Life Time Fitness, Inc. (2014), we find that Illinois waiver law requires that a waiver be specific and put the client on notice of the risks faced.

Even Broadly Worded Waivers Are not Without Limitations

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By Doyice Cotten

Many, or even most, waivers are written in such a manner as to include seemingly all mishaps that can occur to the client. There are many cases illustrating that the power of a liability waiver is not unlimited.

In a 2015 Illinois case (Hawkins v. Capital Fitness, Inc.), Hawkins signed the following waiver:

 

“MEMBER ACKNOWLEDGES THAT EXERCISE, TANNING AND USE OF THE EQUIPMENT AND FACILITIES OF THE COMPANY OR OF THEIR AFFILIATES NATURALLY INVOLVES THE RISK OF INJURY AND MEDICAL DISORDERS,

Waiver and Signage Helps Protect an Illinois Gymnastics Club

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By Doyice Cotten

A strong waiver written specifically for a particular sport business can help to protect the business against liability for negligence resulting in injuries. In Macias v. Naperville Gymnastics Club (2015), Kamil Macias paid ten dollars and signed a liability waiver in order to use the facility. While at the club, Macias observed clients landing in a foam jumping pit; he tried it and suffered a broken neck when he landed head first into the foam.

Illinois Waiver Law Considered in a Muscle Car Injury Case

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By Doyice CottenIn  2012, Barbara Nesbitt (Nesbitt v. National Muscle Car Association, 2014 Ill. App. Unpub. LEXIS 1848) sued National Muscle Car Association (NMCA), Promedia, National Hot Rod Association (NHRA), Skinny Kid Race Cars, and Ted Peters  alleging multiple claims after her vehicle failed causing her serious injury. The first three defendants were sponsors of the race, Skinny Kid designed the race car, and Ted Peters, an employee of NHRA, had inspected the vehicle prior to the race.

A Cursory Look at Illinois Waiver Law

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By Doyice Cotten

Note: This posting is not intended to provide a comprehensive presentation on Illinois waiver law, but rather to offer the reader a brief look at what some of the courts have said about waivers and their enforcement.

Contracts

Illinois courts construe contracts to give effect to the intention of the parties as expressed in the language of the agreement. Illinois law construes contracts as a whole, and generally disallows extrinsic evidence unless an ambiguity exists within the contract’s four corners (Platt v.

Illinois Court Enforces Waiver Signed By Volunteer

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By Alexander “Sandie” Pendleton
of Kohner, Mann & Kailas, S.C.

Relating to this  published previously article,  Dan McKinney reports (Feb 23, 2012) the following update:

Just an addition to the current Personal Injury Lawsuit pending in the Illinois Appellate Court – Regarding the Gross Negligent Severe Injuries caused by Employees, Directors , Etc. of The Salvation Army – Adult Rehabilitation Center in Springfield , Illinois .