Waivers

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

Missouri Supreme Court Provides an Interesting Ruling Regarding a Gross Negligence and Reckless Disregard Claim

January 13, 2015

By Doyice Cotten
Cynthia DeCormier signed up for a motorcycle training course, signed a liability waiver, and attended the course. On the day of the course there was rain, drizzle, snow, and mist; there was also ice on the pavement.

Hawaii Waiver Law Clarified: Waivers Don’t Protect Against Negligence!!!

January 6, 2015

By Doyice Cotten

Waiver law in Hawaii has been unclear for some time. In the past, waivers have been enforced in Hawaii, however, in 1997 the Hawaii Legislature passed HRS § 663-1.54 which read in part:

(a) Any person who owns or operates a business providing recreational activities to the public,

Parental Equine Waivers Are Enforceable in Utah

December 23, 2014

By Doyice Cotten

Utah law regarding the enforcement of parental waivers has been clearly established since the Hawkins v. Peart Utah Supreme Court decision in 2001. The Court ruled that it was against public policy for a parent to release the prospective negligence claim prior to or after an injury.

NY Motocross Waiver Fails to Protect Because of GOL 5-326

December 16, 2014

By Doyice Cotten

Pablo Torres, an experienced motocross rider, signed a waiver, paid a fee to enter a race, participated in a motocross race, fell when his cycle was bumped from behind, and suffered an injury when he struck a hard object not far from the track.

Contract Secrets You Learn When Your When Your Cruise Ship Flounders

December 9, 2014

Doyice Cotten

It is always news when a cruise ship has trouble at sea. Whether it is a disease outbreak, a fire on board, running aground, or engine failure, there are unhappy people. Of course, the cruise ship offers passengers some refund,

Kentucky Motocross Race Waiver Upheld for Negligence and Willful and Wanton Negligence

December 2, 2014

By Doyice Cotten

In 2011, Walter Brotherton worked on a voluntary basis as a mechanic for one of the racers in the Kentucky Indoor Motocross Championship.

Brotherton was injured during a practice heat while standing near the starting gate.

Connecticut Court Relies on Reardon Ruling in Declaring Health Club Waiver Violates Public Policy

November 25, 2014

By Doyice Cotten

A woman was injured while working with a trainer employed by Planet Fitness. The trainer had lifted Butler onto a bosu balance ball and walked away. As she dismounted from the ball, she fell and suffered injury.

Should You Worry about your Waiver Being Overly Broad?

November 18, 2014

By Doyice Cotten Waivers can fail to protect providers for a number of reasons. Often, they fail for being too narrow – for example, having the language fail to include the cause of the injury. Sometimes, however, the waiver writer attempts to be too inclusive and the waiver fails for being overly broad.

Waivers and Persons-with-Disabilities: Do the Same Rules Apply?

November 11, 2014

By Alexander “Sandie” Pendleton

One positive development in the world of sports in the last two decades has been the substantial increase in opportunities available for persons with disabilities to engage in active recreational activities and competitions.

Pennsylvania Court Rules that Membership Contract Waiver Protects Against Negligence: No Reckless Conduct Found

November 4, 2014

By Doyice Cotten

Cornelius Lister was injured when a fight occurred on the Fitness International basketball court (Lister v. Fitness International, LLC, 2014 U.S. Dist. LEXIS 45954). He alleged that at least four men attacked him and that at least one of the men was not a member of the club.