Tag Archives: Washington

Assumption of Risk Determines Ruling in a Washington Tubing Case

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By Doyice Cotten

This case has some similarities to the Swigart v. Bruno California case in last week’s post.  Each case was determined by an assumption of risk and not by a waiver of liability.

Pellham participated in an inner tube float in which his tube struck a fallen log in the water. The plaintiff sued the rental company claiming that the defendants owed him a duty to warn about a fallen log in the river and for gross negligence (Pellham v.

LOST WAIVERS: What Happens If You Can’t Produce a Signed Waiver?

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LOST WAIVERS: What Happens If You Can’t Produce a Signed Waiver?

By Doyice Cotten

A recreation or sport provider is only half way home when they require that a client sign a liability waiver. The other half is being able to produce that waiver a year or two later when the lawsuit comes to trial.

Lost or missing waivers can be costly to the service provider.  In a New York case (Schaeffer v.

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.

Absence of Risk Management Results in Death

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By Doyice Cotten

Occasionally an injury or death occurs in a recreation or sport setting that really emphasizes the need of ongoing risk management. A recent lawsuit resulting from a kayaking death reported on AthleticBusiness.com presents a situation from which risk managers and sport managers can learn.

Christopher Gormley, an 18 year-old college student, died from hypothermia after his kayak tipped over in frigid waters while on a group trip. According to the lawsuit,