Sport Waiver Risk Fitness Law

Part II
By
John Sadler, Sadler & Company, Inc.
This is Part II of a 2 part series about liability waivers. An authority in the field of sport insurance, John shares some things he has learned about waivers while in the insurance business.
Assumption Of Risk (AOR) As A Defense To Negligence
The second protective purpose of a waiver/release is to trigger the Assumption Of Risk Defense under tort law – in other words – to provide evidence that the sports organization gave adequate warnings of the risks so that an argument can be …

Part I
By
John Sadler, Sadler & Company, Inc..
This is Part I of a 2 part series about liability waivers. An authority in the field of sport insurance, John shares some things he has learned about waivers while in the insurance business. Note: Some of the state laws have changed since this was originally published on John’s website. Change in state waiver law is a constant.) Part II will appear next week.
As a sports insurance specialist and risk manager, I often wondered the answer to this question myself because of all the …

By Doyice Cotten and Mary Cotten
We have previously addressed the question “Do online electronic waivers work?” (see Online Waiver Agreements: Not Worth the Paper They’re (Not) Written On?, Online Waivers/Electronic Signatures in NY,  and Waivers: Do Electronic Signatures Work?). There have been at least three recent cases addressing the issue.
Two Florida cases addressed the issue. In Hinely v. Florida Motorcycle Training, Inc. (2011 Fla. App. LEXIS 6757), a woman registered for a motorcycle training school on the internet and signed an electronic internet waiver of liability. Hinely then suffered an …

A patron’s fall off a stationary bike meets a court’s support of waiver protection for clubs.

By John T. Wolohan
This January, 2010, article written by John Wolohan illustrates the value of  an effective waiver when an injury occurs.

Why do courts in some jurisdictions fail to uphold waivers, while other courts will accept them in most cases? Often, the reason is a …

By Doyice Cotten
Jerid Rosencrans (Rosencrans v. Dover Images, Ltd., 2011 Cal. App. LEXIS 177) arrived at the Starwest motocross track in his truck with his motorcycle in the truck’s bed. Jerid stopped his truck at the entrance booth at the Starwest facility where the employee in the booth gave Jerid a clipboard containing the waiver and said, “Here, just sign in,” or “Here, sign this.”
The document was titled, “Release and Waiver of Liability Assumption of Risk and Indemnity Agreement”,  and consisted of nine paragraphs. Beneath the paragraphs were multiple horizontal …