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Search Results for: “adventure sport”

A Tale of Two Florida Water Sport Waivers

June 21, 2016

By Doyice Cotten
When I travel, I make it a habit to pick up liability waivers wherever I go. On a recent trip to Florida I visited a number of water sport businesses. Of the waivers I obtained, I would like to compare two.

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Effects of the West Virginia Nonprofit Adventure and Recreational Activity Responsibility Act §20-16-1 upon Liability Waivers

June 2, 2015

 

By Doyice Cotten

The purpose of this post is to take a close look at the West Virginia Statute §20-16-1 to 8, Nonprofit Adventure and Recreational Activity Responsibility Act. This type of act,

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Wanton Conduct at Issue in a Motocross Case

January 12, 2016

By Doyice Cotten

Sport, recreation and fitness professionals often encounter the term “negligence” and most have at least a general idea of what negligence entails; but sometimes one comes across the term “willful and wanton act”

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U.S. District Court Case Clouds Vermont Waiver Law

November 17, 2015

By Doyice Cotten

Over the past 20 years four Vermont Supreme Court rulings have made Vermont waiver law relatively clear. A recent U.S. District Court for the District of Vermont ruling (Littlejohn v. Timberquest Park at Magic,

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For Protection under Assumption of Risk: Injured Party MUST Have Known the Risks!!!

November 10, 2015

By Doyice Cotten
One of the most commonly used defenses when someone is injured in a recreational activity is that the participant assumed the risks. While the law varies somewhat from state to state, it is generally an effective defense when the provider has not been negligent.

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Hawaii Statute Prohibiting Waivers Enforced in Scuba Case

August 4, 2015

By Doyice Cotten

In a recent ruling, the U.S. District Court of Hawaii ruled that a liability waiver could not protect a scuba diving business from liability for negligence (Hambrook v. Smith,

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Waiver Clearly Specifying Risks Enforced in NY Case

May 26, 2015

By Doyice Cotten

Last Week’s Post (Admiralty Law Trumps GOL 5-326 Statute in NY Jet Boat Waiver Case) focused on fact that federal admiralty law supersede  state law (including New York’s G.O.L. 5-326. We look at this case again (Brozyna v.

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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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Oregon Supreme Court Rules on Enforceability of Liability Waivers

January 20, 2015

By Doyice Cotten

Author’s Note: It is rare that a court clearly defines and explains waiver law in a state. The Oregon Supreme Court made an effort to explain both the law and their reasoning;

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NY Motocross Waiver Fails to Protect Because of GOL 5-326

December 16, 2014

By Doyice Cotten

Pablo Torres, an experienced motocross rider, signed a waiver, paid a fee to enter a race, participated in a motocross race, fell when his cycle was bumped from behind, and suffered an injury when he struck a hard object not far from the track.

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Sport Risk Consulting
Dr. Doyice J. Cotten
Mary B. Cotten
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912-764-4848

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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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