Sport Waiver Risk Fitness Law

By Alexander “Sandie” Pendleton
of Kohner, Mann & Kailas, S.C.

On July 21, 2011, a Wisconsin Circuit Court granted summary judgment to Trek Bicycle Corporation in a lawsuit arising out of a mountain bike accident. The plaintiff in the case had sustained the permanent loss of the use of his legs due to an accident that occurred on a mountain bike trail system that was established and maintained by Trek.
The basis for the dismissal was the court’s conclusion that Wisconsin’s Recreational Use Statute (the “R.U.S.”) provided immunity to Trek. The …

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 …

By
Alexander “Sandie” Pendleton
Thanks to Sandie Pendleton for this up-to-the-minute look at Wisconsin waiver law. This article first appeared at Sandie Pendleton’s sports-law related website www.releaselaw.com.
On February 10, 2011, the Wisconsin Court of Appeals held enforceable a waiver signed by two subsequently-injured participants at an auto race.
The case, Beer v. La Crosse County Agricultural Society, arose out of a race held at the La Crosse County fairgrounds. Both plaintiffs signed a waiver form upon their arrival at the track, so as to be able to participate in a race and/or …