By Doyice Cotten
Michael Besner was struck and killed by a motorcycle that accidentally left a racecourse. Michael attended the event “as a spectator and to take photos.” After signing the waiver of liability, he was inside the Park watching a motorcycle race.
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
Ms. Sylvia Rieff and her two children visited Jesse James Riding Stables, Inc. (JJStables) and took a guided horseback riding tour. Approximately 20 minutes into the tour, as the trail entered the surrounding woods, Ms.
By Doyice Cotten
Lataya Young was working out on an Ab Coaster (not pictured) at a Planet Fitness when a weight landed on her foot. Apparently a weight had fallen from the machine while she performed repetitions. She had previously signed the following waiver of liability:
“I understand and expressly agree that my use of this Planet Fitness facility involves the risk of injury to me,
By Doyice Cotten
Nicholas Blakely played varsity football for Stetson University. One day, he removed himself from practice complaining that he did not feel well. He was examined by a student trainer and told to stay in the shade.
In a recent Vermont case, Melissa Lenter entered her horse in a fifty-mile endurance ride. Prior to the event, Lenter signed the following waiver of liability:
[I]n consideration of your accepting this entry, I hereby for myself, my heirs,
by Doyice Cotten
Heather Goss elected to participate in a multi-day cycling race put on by two inexperienced groups (GCSC and CWRU, a student led cycling club). The race was on a closed-loop and was designed by mostly inexperienced members of the two organizations.
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 Alexander “Sandie” Pendleton
In a long-awaited decision, the Minnesota Supreme Court has ruled unenforceable a parental waiver agreement signed by a mother of a seven-year-old boy who was seriously injured at a commercial indoor play area.
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.