Tag Archives: liability

Duty and Liability (Revisited)

We are revisiting five of Reb Gregg’s previous posts on Sportwaiver.com. Nothing has changed since the article was originally posted. It provides important information for the service provider.

Doyice

by Charles R. Gregg

Readers will find that this to be an informative legal liability article. “Reb” Gregg is one of the nation’s top adventure law attorneys. This article originally appeared on Reb’s website.

Q. How do I run a good program without being sued?                                                                             

Texas Agritourism Act (and How It Relates to Waivers)

New Mexico (739)

Editors Note: Thanks go to Tiffany Dowell Lashmet for permission to run this excellent article on the Texas Agritourism Act. Tiffany is an Assistant Professor and Extension Specialist specializing in Agricultural Law with Texas A&M Agrilife Extension. Many, if not most, states now have agritourism acts that help to provide liability protection for owners of agricultural land who allow its use for educational or recreational activities. Be careful to note the requirement of waivers of liability. This article was originally published in the Texas Agricultural Law Blog.

Risk Signage that Gets Your Attention!

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By Doyice Cotten

Sport, fitness and recreation professionals know all about risk … and most know at least a little about risk management. And, certainly, we all are familiar with warning signs. Some are good, some are not effective, and some are such that they are not even noticed.

“Why bother with warning signs? Any fool can see a trampoline is dangerous!” you might say. Well, sport, fitness, and recreation providers are faced with possible liability for injuries created by two types of risk: 1) inherent risks of the activity and 2) risks created by the negligence of the provider.

Sport Safety Statutes Can Affect the Effectiveness of Liability Waivers

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By Doyice Cotten

Most states have enacted at least one of what are sometimes called sport safety acts or shared responsibility statutes (e.g., equine, ski, whitewater rafting) intended to define or limit the liability exposure of operators of selected activities.

Some of these statutes hold the operator to a duty of ordinary care. When they do, a waiver cannot protect the operator in the event of ordinary negligence. Other statutes prescribe a list of specific duties of the operator.

First-Aid Training? Won’t That Increase My Organization’s Legal Liability Risk?

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By Alexander “Sandie” Pendleton

A reader of my website, ReleaseLaw.com recently raised the following question:

Suppose a recreational business is trying to decide whether it should institute a new policy, requiring its employees to receive first-aid training. The worry or concern the business has, however, is that if it arranges for such training, and one of its employees then provides first aid unsuccessfully or inadequately, is that going to result in the business getting sued,

Understanding Negligence and Liability: “Determining Negligence” (Part 2)

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 By Doyice Cotten

In last week’s post Understanding Negligence and Liability (Part 1), we addressed this issue of negligence. This post presents another example to help the reader better understand the concept[1].

The following illustration regarding Happy Holiday Stables should help the reader to better understand what constitutes negligence.

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To illustrate, suppose Happy Holiday Stables rents a horse to a novice rider for a trail ride.

Understanding Negligence and Liability — (Part 1)

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By Doyice Cotten

Health clubs, personal trainers, rafting companies, parasail companies, trampoline parks, bowling alleys, skating rinks, city recreation departments, horseback riding stables, martial arts instructors, snowmobile providers, and ski resorts:  what do these entities have in common? They are all sport or recreation providers who should be concerned with liability. Each provides a service with which injuries are not uncommon. The question often asked is “If someone gets hurt, will I (or my company) by held liable and have to pay money?” The purpose of this brief article is to help the provider answer this question for him- or herself.

Are Waiver/Releases Worth The Paper They Are Written On?

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Part II

By

John Sadler, Sadler & Company, Inc.

This is Part II of a 2 part series about liability waivers. An authority in the field of sport insurance, John shares some things he has learned about waivers while in the insurance business.

Assumption Of Risk (AOR) As A Defense To Negligence

The second protective purpose of a waiver/release is to trigger the Assumption Of Risk Defense under tort law – in other words – to provide evidence that the sports organization gave adequate warnings of the risks so that an argument can be made that the participant assumed those risks.

Duty and Liability

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by Charles R. Gregg

Readers will find that this to be an informative legal liability article. “Reb” Gregg is one of the nation’s top adventure law attorneys. This article originally appeared on Reb’s website.

Q. How do I run a good program without being sued?                                                                             

A. You can’t. People can and may sue you, with or without justification. And even the best program can make mistakes which might provoke the lawsuit.

Do Sports Leagues Need Workers’ Compensation Insurance?

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Thanks to John Sadler for permission to run this article on SportWaiver.com. The article appeared on Sports Insurance Blog and should provide valuable information for many readers.

By John Sadler (Sadler & Company, Inc., Columbia, S.C.)

Are sports organizations such as leagues ever required to carry Workers’ Compensation insurance in lieu of Accident insurance when workers are paid? This is a complex issue with some gray areas and some exceptions to the general rule.