Articles tagged with: immunity
Other Voices, Risk Management »
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 …
Featured, Other Voices, Waivers »
By Alexander “Sandie” Pendleton
of Kohner, Mann & Kailas, S.C.
On July 21, 2011, a Wisconsin Circuit Court granted summary judgment to Trek Bicycle Corporation in a lawsuit arising out of a mountain bike accident. The plaintiff in the case had sustained the permanent loss of the use of his legs due to an accident that occurred on a mountain bike trail system that was established and maintained by Trek.
The basis for the dismissal was the court’s conclusion that Wisconsin’s Recreational Use Statute (the “R.U.S.”) provided immunity to Trek. The …
Other Voices, Risk Management »
By Alexander “Sandie” Pendleton of KMK
On March 1, 2011, the Wisconsin Court of Appeals upheld a lower court decision granting summary judgment to a snowmobile club and county government that jointly maintained a northern Wisconsin snowmobile trail system.
The case, Milton v. Washburn County, arose out of a snowmobile accident that occurred when the plaintiff and his passenger unexpectedly encountered a locked gate on an “access trail” leading to and from the main trail system. As is common throughout Wisconsin, there are official county snowmobile trails, and numerous unofficial access trails …
