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,
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.
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,
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.
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.
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.
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.
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;
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.
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,