Articles tagged with: statute
Risk Management, Waivers »
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. He filed suit against L.A. Fitness International alleging that the club was both negligent …
Waivers »
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 …
Other Voices, Risk Management »
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. As is common throughout Wisconsin, there are official county snowmobile trails, and numerous unofficial access trails …
Featured, Headline, Waivers »
By Doyice Cotten
Several court rulings as well as a new statute have affected the parental waiver landscape recently. The purpose of this two-part article is to bring you up-to-date on changes in the law. Three states are discussed below and Alabama, Texas, and Pennsylvania will be covered next week. Parental waiver law for all states is covered in depth in Waivers & Releases of Liability, 7th ed.
Iowa
The Iowa Supreme Court has recently clarified parental waiver law in Iowa (Galloway v. State of Iowa, No. 08-0776, Nov. 5, 2010). Fourteen year …
