Tag Archives: Ohio

Bounce House Rental Waiver Protects One Stop Rental Tool and Party from Liability

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By Doyice Cotten

Richard Whitson rented an inflatable bounce house from the defendant, One Stop. Whitson had rented the house in the past.The bounce house weighs over 400 pounds and comes in a vinyl bag, uninflated.   The bag has a strap on the bottom and a cinch strap at the top to keep the bag closed. Whitson watched employees load the house into the back of his truck (Whitson v. One Stop Rental Tool & Party,

“Baseball Rule” under “Attendant Circumstances” in Ohio

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By Doyice Cotten
In a recent Ohio case, an appellate court looked at the “Baseball Rule.” The “Baseball Rule,” which has been followed in most jurisdictions, limits the landowner duty of care owed to spectators at baseball games to providing reasonable protection in the form of screening behind home plate. Those spectators choosing to view the game in an unscreened area assume the open and obvious risk of being struck by balls entering the stands in the ordinary course of play,

Waiver Protects University Karate Instructor who Injured his Student

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By Doyice Cotten
Aaron Morgan was a Kent State University student enrolled in a beginning karate class when he suffered injury. The instructor was demonstrating a technique when Morgan dropped his guard; this resulted in a blow to the face. Morgan alleged negligence on the part of the instructor since facial contact was prohibited and the instructor failed to wear protective gloves – the instructor’s own policy (Morgan v. Kent State University, 2015).

Moot Waiver and “Open and Obvious” Issue

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By Doyice Cotten

This Ohio case involved a slip and fall in a puddle of water when Marie Daher was leaving the swimming pool area going down a hallway to the shower area. She sued Bally’s based on premises liability; she alleged Bally’s was negligent in maintaining its premises (Daher v. Bally’s Total Fitness, 2015). Bally’s claimed that the hazard was open and obvious and that plaintiff had waived liability for negligence.

Effect of Waiver in Ohio Cheerleader Case

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By Doyice Cotten

In a recent case (Wolfe v. AmeriCheer, Inc., 2012 Ohio App. LEXIS 827), a 13 year- old cheerleader suffered a spinal compression injury when a fellow cheerleader fell on her during the execution of a stunt. Only one of the three spotters was in proper position on the mat when she fell. Wolfe’s mother had signed a waiver releasing AmeriCheer from liability.

The trial court enforced the waiver ruling that the waiver protected against negligence claims (Ohio being one of the states in which parental waivers are enforced).

Settling Disputes without Going to Court – Mediation & Arbitration

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By Doyice J. Cotten

An agreement to mediate and/or arbitrate any grievance against a provider can be included in the membership agreement or the liability waiver. The following language is one example of language that can be used in the agreement. Another version of this article was published earlier by Fitness Management magazine.

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If there is any dispute over $500 between you and California Fitness, both parties agree to submit it to binding arbitration,