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Search Results for: “gross negligence”

Minnesota Negligence/Gross Negligence Law Examined in a Rugged Races Case

May 24, 2022

By Doyice Cotten

In 2016, Jeanne Anderson was injured while participating in a Rugged Races event (Anderson v. Rugged races LLC, 2020). The event at which the injury occurred required the participant “To jump off a platform,

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Distinguishing between Ordinary Negligence and Gross Negligence in California is Tough

March 15, 2022

By Doyice Cotten

It is not surprising that sport and recreation managers are confused by the difference between ordinary negligence and gross negligence because sometimes attorneys and judges also face this problem. It is exasperated by the fact that the definitions vary from state to state.

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3-inch Gap in Sauna Floor: Was It Ordinary or Gross Negligence?

July 7, 2021

By Doyice Cotten

Cynthia MacAdams, age 75, signed a YMCA waiver prior to using the sauna. The floor consisted of two separate platforms made of wood slats on top of a concrete base; they could be lifted and pushed apart for cleaning,

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Gross Negligence Claim in California Motocross Case Fails

June 22, 2021

By Doyice Cotten

Scott Champion and some other motocross racers filed suit against Feld Entertainment, Inc. claiming injury because defendants, in order to dry the track, used caustic lime on the soil and failed to mix it properly (Champion v.

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California “Boot-Camp” Fitness Patron’s Gross Negligence Claim Fails

May 11, 2021

By Doyice Cotten

Patricia Washington was injured in a “boot-camp” group fitness class taught by Alisson Rosales (Washington v. Rosales, 2020). The trial court granted summary judgment in favor of the defendant, Rosales based on the waiver of liability signed by Washington.

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Niagara Jet Boat: Was there Gross Negligence?

April 14, 2020

By Doyice Cotten

This post examines another important issue in the Witkowski v. Niagara Jet Boat Adventures, LLC, 2020 case – Gross Negligence or Ordinary Negligence.

In the jet boat case, the Witkowski’s took a jet boat ride and Sarah Witkowski suffered injury.

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Multiple negligent acts do not Equal Gross Negligence in the Pennsylvania Triathlon Case

February 11, 2020

By Doyice Cotten

We have written before about the distinction between ordinary negligence and gross negligence:

Ordinary negligence is the failure to use such care as a reasonably prudent and careful person would under similar circumstances.

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Gross Negligence Law in Pennsylvania

January 21, 2020

By Doyice Cotten

 

The Pennsylvania Supreme Court (Tayer v. Camelback Ski Corporation, Inc., 2012) addressed the issue of the

enforceability of waivers when the act in question was recklessness;

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The Difference Between Ordinary Negligence and Gross Negligence

October 22, 2019

By Doyice Cotten

Most sport, recreation, and fitness professionals have an idea (though they are often incorrect) of what constitutes ordinary negligence. Many understand that

ordinary negligence is the failure to exercise the level of care that someone of ordinary prudence would have exercised under the same circumstances. 

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Summary Judgment Rulings in Recent New Jersey Waiver Cases when Gross Negligence is Alleged

October 9, 2018

By Doyice Cotten

Plaintiffs often allege both negligence and gross negligence when injured and seeking redress. New Jersey law generally holds that “contracting parties are afforded the liberty to bind themselves as they see fit.” Waivers of provider negligence,

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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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