By Doyice Cotten
Several liability waivers have been enforced by Wisconsin appellate courts over the years; more important, however, is the fact that the Wisconsin Supreme Court has never enforced a liability waiver. With the advent of Roberts v.
By Doyice Cotten
In the last post (You Be the Judge – Test your Liability Knowledge), a suit resulted from an injury when a woman slipped and fell on the icy sidewalk outside a health club.
By Doyice Cotten
Occasionally, we offer the reader an opportunity to test his or her liability judgment. Take a few minutes and check this waiver and see if you think it protected the defendant health club from liability for negligence (Hoffner v.
By Doyice Cotten
Tricia Cahalane was seriously injured while performing a tandem skydiving activity. In the tandem skydive, she was attached to Marcus Silva, an employee, by a harness. During the skydive, Silva performed a “hook turn;” Hook turns were allowed at that time,
By Doyice Cotten
In 2013, Tommy Lynam (age 13), was riding a motocross bicycle at Blue Diamond Motocross near New Castle. While riding, Tommy rode off a jump, made a hard landing, and was unable to stop in time before colliding with a large metal shipping container. Read More
By Doyice Cotten
The Olmos and their two sons signed up for a parasailing trip. While on the boat traveling out of the inlet, Dina Olmo shifted her sitting position just as the boat hit a wave, lifting her into the air.
By Doyice Cotten
The Florida Supreme Court (Kirton v. Fields, 2008) has ruled that parental waivers designed to protect commercial entities from liability for negligence are not enforceable. Florida appellate courts, however,
By Doyice Cotten
Plaintiff Asabi L. Barner Jackson (Jackson), who lives in South Carolina, chose to have Black Ink apply a tattoo, based upon a reality TV series in which Black Ink allegedly represented itself to specialize and be experts in tattooing African American skin (Jackson v. Read More
By Doyice Cotten
Admiralty law applied in a recent Hawaii case in which a man died during a scuba dive trip (Hambrook v. Smith, 2016 U.S. Dist. LEXIS 109484). Hambrook drowned, at least in part,
By Doyice Cotten
Evans v. Fitness & Sports Club, LLC., 2016). This week we will look at Pennsylvania law and the ruling in the previous case. To review the facts:
On November 12,