Sport Waiver Risk Fitness Law

By Doyice J. Cotten
In January of this year, we posted an article that dealt with waivers and negligence per se.  This article, which originally appeared in Fitness Management magazine, also relates to negligence per se.
Reoven Capri suffered injury when he slipped and fell on the pool deck while walking to the pool.  He returned to the pool the next day and found an accumulation of algae around the drain on the pool deck where he fell.  He filed suit against L.A. Fitness International alleging that the club was both negligent …

Readers will find that this is one of the best pieces to be found relating to industry standards and liability. Our thanks go to author “Reb” Gregg and to Steve Smith who originally published the article in Touchstones – News and Resources for Outdoor Programs for permission to run the article in SportWaiver.com. Touchstones is a publication of Experiental Consulting which focuses on risk management, staff training, and human resources for outdoor programs and is edited by Steve Smith. To subscribe to the newsletter, click here.

By Charles “Reb” Gregg, Attorney

There …

By Doyice Cotten
While we know that liability waivers are vital tools in the risk management process, we sometimes forget that waivers do not work for all situations. For instance, we know that a waiver will not be enforced if it conflicts with statutory law. We also know that in most states waivers will not protect a provider from liability for gross negligence. And we know that in many states, waivers signed by parents on behalf of minor children will not protect.
The purpose of …