Waivers

Articles relating to waiver law and/or how to write an effective waiver.

Waiver in a Maritime Case due to Boat Collision fails: It did not Specify whose negligence was Protected

By Doyice Cotten

Steven Gilliam and Calvin Sanders chartered a boat from New Pelican Charters, LLC and both plaintiffs suffered back injuries when, seeing that the boat was about to collide with another fishing boat, tried to quickly move to a safer part of the boat. The collision occurred, in part, because the steering mechanism was faulty.

They filed a maritime law claim alleging negligence in that the boat was not seaworthy (New Pelican Charters v.

Personal Trainer and Health Club in Illinois Survive a Claim of performing a Chiropractic Procedure

By Doyice Cotten

Gabriella Sosa-Gaines filed a negligence action against Capital Fitness and her personal trainer, Don Myles claiming injuries caused when the trainer pressed down in the area of her spine to relieve her discomfort during a training session (Sosa-Gaines v. Capital Fitness, Inc., 2019). She alleged the action was  a negligent “chiropractive type of adjustment maneuver.”

She had previously signed a membership agreement and a personal training agreement, each of which contained a waiver of liability. 

Universities Requiring Football Players to Sign “Waiver-Type” Documents

By Doyice Cotten

A number of schools are requiring football players (and sometimes their parents) to sign an agreement relating to COVID-19. Some agreements are primarily a warning of the risk, but others seem intended to waive the liability of the university should the player contract the disease.

Ohio State University

ESPN announced that Ohio State University players and their parents were asked to sign a “Buckeye Pledge” by which they acknowledged the risk of COVID-19 and agreed to testing,

High Ropes Course Waiver Protects Provider and Builder Under Colorado Law

By Doyice Cotten

In  June, 2018, Jodi Sheldon was seriously injured while participating in a high ropes course at the Golden Bell Ranch. She sued Golden Bell Retreat, Cross Bearing Adventures (“CBA”), the company which constructed the course and trained employees, and it’s owner Kent McIlhany. alleging negligence (Sheldon v. Golden Bell Retreat, 2020). All three defendants claimed Ms. Sheldon’s claims are barred by a waiver and indemnification agreement signed by Sheldon.

The Waiver

The waiver read,

COVID-19 – Liability Insurance – and Waivers!

By Doyice Cotten

No one needs reminding of the national emergency relating to COVID-19 and the problems it has brought. Many providers of sport, recreation, and fitness activities are worrying about their liability in this situation.

In terms of risk management, most utilize two major tools to protect their business or organization from undue financial risk – these tools are liability insurance and liability waivers. Unfortunately, many are finding that their insurance does not cover communicable diseases and are taking a look at their waiver and wondering if it will protect them.

Hanrahan-Fox v. Top Gun Shooting Sports (2019): A Look at Missouri Waiver Law

By Doyice Cotten

Marie Hanrahan-Fox, after patronizing the shooting range operated by Defendant Top Gun Shooting Sports, alleged that she suffered irreversible hearing loss due to the inadequate hearing protection provided her by Top Gun.  She claimed that Top Gun was negligent; in addition, her husband made a claim for loss of consortium.  They also made a products liability claim against Pyramex Safety Products, LLC, which was not before this court.

Top Gun moved for Summary Judgment based on the waiver signed by the plaintiff. 

Parental Waivers – Waivers Signed by Parents on Behalf of a Minor! Are they Enforceable in Your State?

By Doyice Cotten

At one point, maybe 25 years or so ago, it was not unusual to hear or read ——-, “Waivers are not worth the paper they are printed on!” That time has come and gone; now virtually every professional in sport, recreation, and fitness recognizes that in most states, waivers can provide valuable protection against significant financial loss as a result of injury lawsuits.

In fact, courts in about 45 states enforce well-drafted liability waivers that are voluntarily signed by adult participants in sport,

Niagara Jet Boat: Was there Gross Negligence?

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. The reader is referred back to last week’s post for the facts of the case.

The final issue addressed in the case was the allegation that Niagara Jet was grossly negligent.

Niagara Jet Boat Accident Pits Maritime Law vs. New York State Law

By Doyice Cotten

In 2016, Sarah Witkowski and her husband, Scott, were passengers on a jet boat operated by Niagara Jet Adventures, LLC, (“Niagara Jet”) when she suffered injury. They sued alleging negligence or willful and reckless conduct. Niagara Jet moved for summary judgment based on the waiver of liability signed by Sarah (Witkowski v. Niagara Jet Adventures, LLC, 2020).

Upon arrival, they noticed a safety video playing in the background;  Sarah “looked at” and signed a waiver of liability.

A Perfect Electronic Waiver will not Protect if the Provider cannot Authenticate the Electronic Signature

By Doyice Cotten

In several previous posts (including Established Protocol for Administering an Electronic Waiver Protects Fair when Participant is Killed), this author has commented on how the validity of electronic waivers is dependent upon following procedures by which the electronic signature of the participant can be shown to be authentic.

Facts of the Case

In each of the articles, cases in which the electronic waiver has been enforced are reported.