Tag Archives: North Carolina

Sport Safety Statutes Can Affect the Effectiveness of Liability Waivers

DSC00056.jpg

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 Parental Waiver Enforced in North Carolina

7167123347_81c7e05082_m.jpg

By Doyice Cotten

In Kelly v. United States of America (2014), the first parental waiver was enforced in North Carolina by a U.S. District Court. Morgan Kelly, a 15-year-old girl, was a cadet in the JROTC program at her high school. She attended a JROTC orientation visit to a United States Marine Corps Base after one of her parents signed a waiver of liability on her behalf. She was injured and this suit was filed.

N.C. Law Regarding Enforcement of Waivers of Liability

12620693_7c8acc40d5_m.jpg

 By Doyice Cotten

This case (McMurray v. United States of America, 2012 U. S. Dist.  LEXIS 176608) involved a government vehicle accident in which a passenger was injured when the U.S. Marine driver ran a red light. While this is not specifically sport-related, it is pertinent to the enforcement of waivers in North Carolina.

Debra McMurray was returning from a Marine Corps seminar when she was injured. The issue was the enforceability of a waiver that McMurray signed before the accident;

Liability Releases and Waivers in North Carolina – Part 3

538444906_9dc8a2fa67_z.jpg

By Rick Conner
 Part 3 of 3

Rick Conner is an attorney with McGuireWoods in Charlotte, N.C.  This is an excellent summary of North Carolina waiver law, originally published in 2008. Thanks to Rick for granting permission for this reprinting. DC

 Tips for Making Releases and Waivers Enforceable
 1. Avoid ambiguity.

Remember that releases and waivers are not favored by courts and will be strictly construed against the party seeking to enforce them.

Liability Releases and Waivers in North Carolina – Part 2

538444906_9dc8a2fa67_z.jpg

By Rick Conner
Part 2 of 3

 

Rick Conner is an attorney with McGuireWoods in Charlotte, N.C.  This is an excellent summary of North Carolina waiver law, originally published in 2008. Thanks to Rick for granting permission for this reprinting. Part 3 will appear next week. DC

The Public Interest Exception

The Supreme Court of North Carolina has held that “a party cannot protect himself by contract against liability for negligence in the performance of a duty of public service,

Liability Releases and Waivers in North Carolina – Part 1

538444906_9dc8a2fa67_z.jpg

By Rick Conner
Part 1 of 3

Rick Conner is an attorney with McGuireWoods in Charlotte, N.C. This is an excellent summary of North Carolina waiver law, originally published in 2008. Thanks to Rick for granting permission for this reprinting. Parts 2 and 3 will appear over the next two weeks. DC

Imagine this – you have front row seats to watch the Charlotte Bobcats play the Phoenix Suns. You have an unbeatable view of the action – so close that you are able to strike up a conversation with Gerald Wallace during warm-ups.

A Tale of 3 Waivers

raft-closeup514-300x200.jpg

By Doyice Cotten

On a recent trip to North Carolina, I picked up a copy of their waiver from three whitewater rafting companies – Nantahala Outdoor Center, Inc. (NOC), Carolina Outfitters, Inc., and Whitewater LTD Rafting. The waiver of each company is probably adequate to protect the company from liability for injuries resulting from negligence of the operator or from the inherent risks of the operator. Some important points from each waiver will be examined here.

An Effective Warning of Risk Technique

50th-Anniversary-238-300x200.jpg

By Doyice Cotten

On a recent whitewater rafting trip, the rafting company (Carolina Outfitters) employed an interesting technique for rafting instruction and for warning clients of the inherent risks of rafting.

When the group of rafters was seated, the instructor asked for a volunteer to help him. He gave the volunteer a checklist which listed the instructions and warnings to be covered in the presentation and asked the volunteer to check off each instruction as it was covered.