By Doyice Cotten
Alexis Wiemer visited Hoosier Heights Indoor Climbing Facility in October, 2014. Weimer attended a facility orientation in which an employee, Kayli Mellencamp, conducted an employee-guided training on how to boulder, belay, and top rope climb. Wiemer then signed a Waiver form. Pertinent parts of the waiver form read:
RELEASE AND ASSUMPTION OF RISK: In consideration of being permitted to use the facilities of Hoosier Heights Indoor Rock Climbing Facility L.L.C., and mindful of the significant risks involved with the activities incidental thereto,
By Doyice Cotten
James McConnel was injured while participating in Segway Polo associated with Omni Hotels Management Corp. The issue came up as to the admissibility of the waiver signed by McConnel (McConnel v. Omni Hotels Mgmt. Corp., 2017). Since prospective waivers of liability are void as against public policy under Virginia law (Hiett v. Lake Barcroft Cmty. Ass’n, Inc., 1992), Omni asked the court to rule that the “Segway Personal Transporter Tours Liability Release Form”
By Doyice Cotten
James McConnel was injured while participating in Segway Polo associated with Omni Hotels Management Corp. The issue came up as to the admissibility of the waiver signed by McConnel (McConnel v. Omni Hotels Mgmt. Corp., 2017).
Since prospective waivers of liability are void as against public policy under Virginia law (Hiett v. Lake Barcroft Cmty. Ass’n, Inc., 1992), Omni asked the court to rule that the “Segway Personal Transporter Tours Liability Release Form was admissible with all portions relating to waiver of liability for negligence redacted.
The sport, recreation, and fitness provider has long made use of liability waivers for protection from liability for provider negligence. There is a growing trend toward the inclusion of an arbitration agreement within the waiver; however, there is considerable controversy regarding the wisdom of this inclusion. Here, the authors address some of the pros and cons of the arbitration agreement that the provider and his or her counsel should consider in deciding the issue. It may well be that the choice will vary somewhat depending upon the nature of the business entity and the state in which the business is located.
By Doyice Cotten
Linton Combs was injured when struck by a racecar while he was in the racetrack infield. Combs filed suit against West Siloam Speedway Corp. (Combs v. West Siloam Speedway Corp., 2017) alleging negligence in the design and setup of the track, including failure to have barriers put up that would prevent vehicles from entering the infield. He also alleged “recklessness” by Siloam for actions and omissions of such a nature so as to constitute conduct evidencing reckless disregard for the rights of others.
By Doyice Cotten
Elizabeth Dudros was injured when she struck a wall located only five feet from the roller derby track during a non-contact drill. She had to swerve to avoid a pile-up causing her to strike the wall (Budros v. Womens’ Flat Track Roller Derby Association, 2017 Mich. App. LEXIS 1525).
Budros had purchased WFTDA insurance before skating; the policy included a waiver of liability. The Traverse City Roller Derby (TCRD) athletic director showed Budros around the track prior to the drill.
By Doyice Cotten
This is the seventh of an eight-part series on the enforceability of liability waivers of negligence when the sport or recreation participant is a minor.
Last week, three states were discussed in which the enforcement of parental waivers is very likely. Three more states are discussed in this post. Parental waivers are likely to be enforced in each.
Indiana
A 2012 state appellate court (Wabash County Young Men’s Christian Association v.
By Doyice Cotten
This is the second of an eight-part series on the enforceability of liability waivers of negligence when the sport or recreation participant is a minor.
In Part I of this series, states in which court rulings, public policy, or statute forbid the enforcement of parental waivers were listed. Unfortunately, it is not always possible to confidently predict whether courts in a state will enforce such waivers. There are seventeen states from which there is insufficient information from caselaw to forecast the way in which courts might rule.
By Doyice Cotten
A recent New York waiver case (Lobell v. Youtube, LLC and Google, Inc., 2017 U.S. Dist. LEXIS 127327) involved the allegation that a waiver was not enforceable because it was both an adhesionary contract and an unconscionable contract. The U.S. District Court for the Southern District of New York examined the issue in light of California law (as called for by the provisions of the contract).
Adhesionary Contract
The court defined an adhesionary contract as “a standardized contract,
By Doyice Cotten
Richard Whitson rented an inflatable bounce house from the defendant, One Stop. Whitson had rented the house in the past.The bounce house weighs over 400 pounds and comes in a vinyl bag, uninflated. The bag has a strap on the bottom and a cinch strap at the top to keep the bag closed. Whitson watched employees load the house into the back of his truck (Whitson v. One Stop Rental Tool & Party,
