Tag Archives: statute

Maryland Vendor/Landlord Waiver Fails Due to Statute

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By Doyice Cotten

Eugene Jaeger, operator of the Unicorn Strings Music Company was a vendor at the outdoor International Renaissance Festival (IRF) in Maryland when he slipped and fell while walking on a gravel walkway and a boardwalk to go to the restroom. While on the boardwalk, he stepped onto a patch of a slippery substance and fell.(Jaeger v. International Renaissance Festivals, LTD, 2017 U.S. Dist. LEXIS 72539)

He had signed a waiver of liability in his vendor lease;

Liability Waivers are Prohibited in Louisiana! But Should Providers Continue to Use Them?

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By Doyice Cotten
Brenda Fecke, a senior at LSU, fell while bouldering at the LSU Recreation Center indoor rock climbing wall facility. The fall resulted in an ankle injury; this was followed by a lawsuit alleging negligence on the part of LSU (Fecke v. The Board of Supervisors of Louisiana State University, 2015 La. App. LEXIS 1357). Among the many allegations was that the university gave minimal instructions and failed to determine her skill level prior to allowing participation.

Agritourism Liability: A Question in Georgia

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By Doyice Cotten

Recently I stopped at an operation in South Georgia in which the operator charges one dollar each for patrons to enter a fenced area.  There patrons can view an assortment of animals including a horse, a donkey, a bison, a water buffalo, goats, and a few more animals. After I paid the admission, my wife and I took my grandson in. At the entry, a sign was posted. I was familiar with equine and other sport liability statutes,

Effects of the West Virginia Nonprofit Adventure and Recreational Activity Responsibility Act §20-16-1 upon Liability Waivers

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By Doyice Cotten

The purpose of this post is to take a close look at the West Virginia Statute §20-16-1 to 8, Nonprofit Adventure and Recreational Activity Responsibility Act. This type of act, in the past, has been referred to as a Sport Safety Act, but is more accurately described as a Shared Responsibility Statute. Such acts generally seek to provide some liability protections for specified sport providers and define legal responsibility for parties involved.

N.C. Law Regarding Enforcement of Waivers of Liability

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 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;

Hawaii Waiver Law Clarified: Waivers Don’t Protect Against Negligence!!!

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By Doyice Cotten

Waiver law in Hawaii has been unclear for some time. In the past, waivers have been enforced in Hawaii, however, in 1997 the Hawaii Legislature passed HRS § 663-1.54 which read in part:

(a) Any person who owns or operates a business providing recreational activities to the public, such as, without limitation, scuba or skin diving, sky diving, bicycle tours, and mountain climbing, shall exercise reasonable care to ensure the safety of patrons and the public,

Risk Management: Cruise Ship Precautions for Jet Ski Tour

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By Doyice Cotten

In a case involving a collision between two jet skis during a jet ski tour provided by Royal Caribbean Cruises (Royal), Royal listed the risk management steps taken in an effort to prevent injuries ( In re Royal Caribbean Cruises, LTD, 2013).  The tour consisted of a number of jet skiers in a single file follow-the-leader type tour. Providers of all sport businesses would do well to study these steps and adapt them to their sport business.

Waivers, Negligence per se, and Safety Statutes

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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. 

More on Parental Waivers in Florida

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By  Doyice  and Mary Cotten

On February 7 of this year we posted an article “Updating Parental Waiver Law — Part I

updating laws regarding parental waivers in Florida and a number of other states. The Florida statute addressed was s. 744.301 in which the legislature authorized parental waivers for injuries or loss resulting from the inherent risks of the activity (but NOT from the negligence of the provider).

In this article I want to make our readers aware of another statute that might be important to parties signing or relying on parental waivers in Florida.

Wisconsin Court Holds Recreational Immunity Statute Protects Club That Maintains Recreational Trails

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By Alexander “Sandie” Pendleton of KMK

On March 1, 2011, the Wisconsin Court of Appeals upheld a lower court decision granting summary judgment to a snowmobile club and county government that jointly maintained a northern Wisconsin snowmobile trail system.

The case, Milton v. Washburn County, arose out of a snowmobile accident that occurred when the plaintiff and his passenger unexpectedly encountered a locked gate on an “access trail” leading to and from the main trail system.