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.
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.
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.
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,
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,
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,
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.
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.
