Tag Archives: public policy

Admiralty Law Supports Liability Waiver in New Jersey Parasail Case

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By Doyice Cotten

The Olmos and their two sons signed up for a parasailing trip. While on the boat traveling out of the inlet, Dina Olmo shifted her sitting position just as the boat hit a wave, lifting her into the air. When she landed she felt “a stabbing pain at the bottom of [her] back.”The boat immediately returned to the dock and she was taken to the hospital. The two sons remained to continue with their parasailing trip.

Oregon Supreme Court Rules on Enforceability of Liability Waivers

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By Doyice Cotten

Author’s Note: It is rare that a court clearly defines and explains waiver law in a state. The Oregon Supreme Court made an effort to explain both the law and their reasoning; and, unlike many courts, explained the law in an understandable manner. The reader is urged to read the entire case. Much can be learned from the opinion.   From the opinion, it would seem that the Oregon Supreme Court is moving closer to the restrictive stances held by courts in Wisconsin,

NY Motocross Waiver Fails to Protect Because of GOL 5-326

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By Doyice Cotten

Pablo Torres, an experienced motocross rider, signed a waiver, paid a fee to enter a race, participated in a motocross race, fell when his cycle was bumped from behind, and suffered an injury when he struck a hard object not far from the track.

Apparently, the management had put in a sprinkler system near the track, leaving an exposed PVC pipe. This was denied by management, but a witness said he saw it.

Surprising Ruling in New Jersey Case

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By Doyice Cotten

James Walters joined a YMCA and signed a membership agreement containing a waiver. About three years later, he suffered injury when he slipped on a step while walking to the YMCA pool – allegedly because the slip resistant rubber on the stairs was worn off the bottom step. The trial court granted summary judgment ruling that the waiver language protected the club against liability for negligence (Walters v. YMCA,

Factors Affecting Waiver Law in the State of Washington (Part 2)

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By Doyice Cotten

This case examines Washington waiver law, specifically as it relates to health clubs and fitness centers. Most of the concepts, however, apply to all waivers in the state. Two issues were raised last week and three more are addressed next week.

Part II

A recent Washington waiver case (DeAsis v. Young Men’s Christian Association of Yakima, 2014 Wash. App. LEXIS 2201) clearly explains Washington law regarding the enforcement of waivers used by health clubs.

Factors Affecting Waiver Law in the State of Washington

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By Doyice Cotten

This case examines Washington waiver law, specifically as it relates to health clubs and fitness centers. Most of the concepts, however, apply to all waivers in the state. Two issues raised will be addressed this week and three more will be addressed next week.

Part I

A recent Washington waiver case (DeAsis v. Young Men’s Christian Association of Yakima, 2014 Wash. App. LEXIS 2201) clearly explains Washington law regarding the enforcement of waivers used by health clubs.

Liability Releases and Waivers in North Carolina – Part 2

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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,

D.C. Court Rules on Opportunity to Negotiate, Gross Negligence/Recklessness, and Lack of Consideration

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By Doyice J. Cotten

In a case  in which a client was injured on a Segway[1] tour, the U.S. District Court for the District of Columbia addressed several aspects of waiver law in the District of Columbia. (Hara v. Hardcore Choppers, LLC (2012))

Opportunity to Negotiate

The court said that the waiver in the case was not against public policy. Regarding unequal bargaining power, the court stated that it did not suppose that the parties were of equal bargaining power;

A Cursory Look at Illinois Waiver Law

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By Doyice Cotten

Note: This posting is not intended to provide a comprehensive presentation on Illinois waiver law, but rather to offer the reader a brief look at what some of the courts have said about waivers and their enforcement.

Contracts

Illinois courts construe contracts to give effect to the intention of the parties as expressed in the language of the agreement. Illinois law construes contracts as a whole, and generally disallows extrinsic evidence unless an ambiguity exists within the contract’s four corners (Platt v.