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Search Results for: “Admiralty law”

Fishing Boat Charter Waiver Protects the Owner from Liability for Injury Under Admiralty Law

November 29, 2022

By Doyice Cotten

Harry Boldt chartered a fishing boat and signed a liability waiver. While on the trip, the boat hit an unexpected 8 foot wave that knocked Boldt from his seat causing injury (Boldt v.

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Insufficient Language Results in Waiver’s Failure to Protect for Negligence in a Deep Sea Fishing Trip – Admiralty Law

November 20, 2019

By Doyice Cotten

Sport, recreation, and fitness businesses regularly depend upon liability waivers for protection from liability for injuries resulting from the negligence of the business. What is still astounding is the quality of some of the waivers relied upon by some businesses.

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Admiralty Law Supports Liability Waiver in New Jersey Parasail Case

December 6, 2016

By Doyice Cotten

The Olmos and their two sons signed up for a parasailing trip. While on the boat traveling out of the inlet, Dina Olmo shifted her sitting position just as the boat hit a wave, lifting her into the air.

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Interesting Ruling by a Hawaii Court as to Enforcement of Admiralty Law Waivers

November 15, 2016

By Doyice Cotten

Admiralty law applied in a recent Hawaii case in which a man died during a scuba dive trip (Hambrook v. Smith, 2016 U.S. Dist. LEXIS 109484). Hambrook drowned, at least in part,

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Hawaii Case Illustrates Why Admiralty Law Can be Important to Recreation Providers

December 10, 2015

By Doyice Cotten
Mark Strickert took his wife and two children on a snorkeling trip. He and his wife signed waivers on behalf of themselves and their children. The trip consisted of six scuba divers and six snorkelers (including the four Strickerts),

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Admiralty Law Trumps GOL 5-326 Statute in NY Jet Boat Waiver Case

May 19, 2015

Admiralty Law Trumps GOL 5-326 Statute in NY Jet Boat Waiver Case

By Doyice Cotten

In New York, liability waivers relieving a service provider of liability for its own negligence are generally enforceable, with a few exceptions.

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Admiralty Law: How does it Relate to Recreation Waivers?

May 12, 2015

 By Doyice Cotten

Black’s Law Dictionary defines Admiralty law (also called Maritime Law) as “that system of law that particularly relates to marine commerce and navigation, to business transacted at sea or relating to navigation, to ships and shipping,

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Lake Tahoe Parasailing Waiver Case Governed by Federal Admiralty Law

May 14, 2013

By Doyice Cotten

A lady was injured while parasailing on Lake Tahoe and sued alleging negligence by the provider (Cobb v. Aramark Sports and Entertainment Services, LLC, 2013 U.S. Dist. LEXIS 20139).  Prior to beginning the activity,

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Niagara Jet Boat Accident Pits Maritime Law vs. New York State Law

April 7, 2020

By Doyice Cotten

In 2016, Sarah Witkowski and her husband, Scott, were passengers on a jet boat operated by Niagara Jet Adventures, LLC, (“Niagara Jet”) when she suffered injury. They sued alleging negligence or willful and reckless conduct.

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Charter Fishing Boat Waiver Protects Against Negligence

October 25, 2022

By Doyice Cotten

In June, 2020, Harry and Patricia Boldt joined a chartered fishing tour operated by Reel Recreation and led by Captain Taylor. They signed liability waivers intended to release the charter company from liability for negligence.

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DISCLAIMER: The information on this website is intended as accurate and authoritative educational material relative to liability waivers and risk management in sport, recreation, and fitness activities. It is made available with the understanding that the authors and contributors are not engaged in rendering legal advice. Readers requiring legal advice should consult an attorney who is competent in this area. The authors and contributors do not guarantee the accuracy of information presented herein, nor do they guarantee the effectiveness of waivers, releases, or other documents developed based upon information presented.
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