Waivers

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

Connecticut Wall Climbing Waiver Fails

April 28, 2015

By Doyice Cotten

In a 2014 case, a Connecticut Superior Court failed to enforce a pre-injury waiver signed by the plaintiff (Lecuna v. Carabiners Fairfield, LLC, 2014 Conn. Super LEXIS 2610). Plaintiff fell from the facility while “bouldering” and sued claiming negligence.

California Court Rules on Waiver/Arbitration Clause Ambiguity Controversy

April 21, 2015

By Doyice Cotten

Many parties who suffer injuries after having signed a liability waiver still file suit and challenge the waiver in an attempt to collect damages. One of the most common allegations in the challenge is that the waiver is unenforceable because of ambiguity.

Florida Supreme Court Rules on the Need to Include “Negligence” Language in Liability Waivers

April 14, 2015

By Doyice Cotten

For some time, the appellate courts in Florida have disagreed as to whether a waiver must include the term “negligence,” “negligent acts,” or similar language in order to be enforceable. In Sanislo v.

Michigan Waiver Case Examines Ordinary vs. Gross Negligence When the Steering Wheel Comes Off a Racecar

March 10, 2015

By Doyice Cotten

Michigan courts have consistently ruled that a liability waiver can insulate a defendant against ordinary negligence. Likewise they have on many occasions held that such a release cannot protect a party against gross negligence or willful and wanton misconduct.

Waiver and Indemnity Agreement Upheld for Ordinary Negligence in Massachusetts Triathlon Case

March 3, 2015

By Doyice Cotten

Richard Angelo died during the swimming portion of a triathlon organized by USA Triathlon (USAT). In spite of Richard having signed a waiver and indemnity agreement, his wife Cheryl filed suit alleging negligence,

N.C. Law Regarding Enforcement of Waivers of Liability

February 24, 2015

By Doyice Cotten

This case (McMurray v. United States of America, 2012 U. S. Dist. LEXIS 176608) involved a government vehicle accident in which a passenger was injured when the U.S. Marine driver ran a red light.

Will Waivers Work in NY? More New York Cases Involving G.O.L. 5-326

February 17, 2015

By Doyice Cotten

In last week’s post, A Look at the Instructional Element of New York’s G.O.L. 5-326 Statute Prohibiting Certain Waivers of Liability , we examined three cases involving New York’s G.O.L. 5-326.

A Look at the Instructional Element of New York’s G.O.L. 5-326 Statute Prohibiting Certain Waivers of Liability

February 10, 2015

By Doyice Cotten

The rulings in three 2014 New York State cases ride on whether the purpose of the business or institution is primarily instructional or primarily recreational.

One-on-One Training Facility

In Kim v.

Liability Waivers Have Limitations: State Statutes

February 3, 2015

By Doyice Cotten

Most, or at least many, sport, fitness, and recreation businesses rely upon liability waivers to protect the business from liability for injury in the event of provider negligence. One occasionally hears that waivers are not worth the paper they are written on.

Oregon Supreme Court Rules on Enforceability of Liability Waivers

January 20, 2015

By Doyice Cotten

Author’s Note: It is rare that a court clearly defines and explains waiver law in a state. The Oregon Supreme Court made an effort to explain both the law and their reasoning;