By Doyice Cotten
A waiver of liability is a contract intended to relieve a service provider from liability for injuries resulting from the negligence of the provider. Such waivers are enforceable in at least 45 states providing they meet certain requisites.
By Doyice Cotten
In Boswell v. YMCA of Middle Tennessee (2019), the plaintiff, Adam Boswell, a health club member, sought damages from the health club based on its alleged failure to protect him from sexual assaults in the locker room by another club member.
By Doyice Cotten
In December 2016, Lamerle Johnson attended a retreat at Mayacamas Ranch hosted by Rockwood Leadership Institute. Upon his arrival, he received a “Release & Waiver of Liability,” which the resort required guests to review and sign before they were assigned rooms and given keys.
By Doyice Cotten
In a case involving a waiver used by USA Cycling, Inc., the US District Court summarized aspects of the Utah waiver law. The case resulted from an injury sustained by the plaintiff while making a preliminary run using a map provided for riders in the event.
By Doyice Cotten
Vail Resorts Holdings, Inc. and others contracted with Bonsai Design LLC to build a zipline course on the back side of Vail Mountain. Bonsai is a company that plans zipline layouts, builds them, and advises zipline providers on their operation.
Murat Marc, a participant in a flag football league, injured his ankle when he stepped on a sprinkler head. Alleging negligence, he sued the school district which owned the field. Prior to the game, he had signed a waiver and release of liability.
By Doyice Cotten
Beatrice Oliveri, was given two free sessions to work out at OsteoStrong. She suffered from osteoporosis and her doctor advised her to be careful. She completed a wellness assessment and signed the following waiver of liability:
I am physically capable of participating in an exercise program or the OsteoStrong system.
By Doyice Cotten
The enforceability of waivers on the back of tickets is sometimes in question, depending upon the state involved. There are times when such waivers are enforced. One certainly can’t say they are never enforced, however,
By Doyice Cotten
Mikaela Ellenwood and Jorge Casanova sued World Triathlon Corporation, Competitor Group Holdings, Incorporated, and Competitor Group, Inc. for failing to provide refunds for the Rock ‘n’ Roll Marathon Series races and Ironman events that were scheduled to take place in 2020 but were postponed or cancelled due to the global Covid-19 pandemic.
By Doyice Cotten
Ambiguity is one of the most prevalent claims when challenging the enforceability of liability waivers. This post involves a case in which a waiver is claimed to be ambiguous. We focus on the arguments by the plaintiff and the reasoning of the court in addressing the issue.