Tag Archives: resort

Risk Management at a Mexico All-Inclusive Resort

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By Doyice Cotten

A family vacation in the Yucatan peninsula of Mexico gave me an opportunity to evaluate risk management at an all-inclusive resort. One would have to give the Resort a passing grade for its risk management program. There was evidence that someone who knew about risks was in charge of controlling risks at the resort.

The first thing that jumps out was the safety signage about the resort. Photos 1-6 included warnings and rules for patrons to follow.

Include the Word ”Negligence” in the Waiver

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By Doyice Cotten

Again and again I have written about the advisability of using the word “negligence” in your waiver. Actually, it is best to specify that the intent of the waiver is to relieve the provider of liability for the “negligence of the provider.”

Some waiver writers seem to be hesitant to use the actual word “negligence” – in fear, I suppose of, of scaring away patrons. In some states, of course, the word “negligence” is not required by the courts.

Active Risk Management at Dominican Republic Resort

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By Doyice Cotten

Usually I write about travel hazards and failures in risk management. This time, I am writing about some of the risk management efforts I saw at Coral Costa Caribe Resort in the Dominican Republic. I usually have my camera ready for hazards, but in this case the resort efforts stood out.

Photos 1, 2, and 3 show some risk management at the beach. A dangerous area is identified by red flags on shore in Photo 1 and at a rocky area in Photo 2.

“Management will not be Responsible for Accidents” Does NOT Protect in Florida Case

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By Doyice Cotten

A guest at Grand Seas Resort was injured when his chair collapsed on the patio. He sued alleging negligence and the Resort claimed protection from its exculpatory clause in the “guest license agreement.” The entire exculpatory language was “Management . . . will not be responsible for accidents or injury to guest . . . .” (Hackett v. Grand Seas Resort Owner’s Association, Inc., 2012 Fla. App. LEXIS 10111)

The trial court granted summary judgment,

Waiver Should Specify What Action is Being Released!

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By Doyice Cotten

A lot rides on a liability waiver; they often determine whether the provider wins or loses a negligence suit. It is important enough that the waiver creator should take care to make certain that the waiver clearly defines the intent of the document. The following two cases clearly illustrate the importance of clarity of language. Note the brevity of the exculpatory language in each case.

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In Hackett v.