Tag Archives: YMCA

Careful Waiver Construction Results in Protection for a Tennessee YMCA

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By Doyice Cotten

Sandra Gibson joined the Rutherford County YMCA and signed a liability waiver. At a later date, she was injured when she tripped on an allegedly uneven or cracked sidewalk about 20 feet from the entrance to the YMCA.

She filed suit alleging negligence by the YMCA. The trial court denied the YMCA’s motion for summary judgment. The YMCA appealed claiming protection from the waiver signed by Gibson. The waiver reads:

In consideration of gaining membership and/or being allowed to participate in the activities and programs of the YMCA of Middle Tennessee (“YMCA”) and to use its facilities (whether owned or leased),

Surprising Ruling in New Jersey Case

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By Doyice Cotten

James Walters joined a YMCA and signed a membership agreement containing a waiver. About three years later, he suffered injury when he slipped on a step while walking to the YMCA pool – allegedly because the slip resistant rubber on the stairs was worn off the bottom step. The trial court granted summary judgment ruling that the waiver language protected the club against liability for negligence (Walters v. YMCA,

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.

Connecticut, California, and North Dakota Courts Address Parental Waivers

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By Doyice Cotten

Recent 2013 cases in Connecticut, California, and North Dakota have addressed the question as to whether parents have the authority to sign away the rights of a minor to recover for injury resulting from the negligence of the provider.

California Case

Lotz v. The Claremont Club (2013 Cal. App. Unpub. LEXIS 5748) involved a 10 year-old who was injured in a dodgeball game. It is well established that California law allows the enforcement of parental waivers provided the waiver is unambiguous and meets court requirements.

Waiver Effectiveness at Senior Adult Recreation Centers

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By Doyice Cotten

This post looks at two California cases addressing waiver effectiveness at recreation centers focusing on senior adults.

1997

The first case was YMCA of Metropolitan Los Angeles v. Superior Court (1997 Cal. App. LEXIS 392) which upheld the enforceability of a liability waiver in a case arising from a fall by a healthy, 73-year-old woman at a YMCA senior program. The senior lady fell down the stairs after viewing a jewelry display.