By Doyice Cotten
Many people and businesses rely on waivers to protect against legal liability for injuries resulting from negligent acts by the business or its employees. Some of those relying think waivers will always protect;
By Doyice Cotten
I have read well over 1000 sport and recreation waiver cases; occasionally, a strange one comes along. But of all the cases I have examined, Dearnly v. Mountain Creek (2012 N.J. Super. Unpub.
By Doyice Cotten
In a recent case (Wolfe v. AmeriCheer, Inc., 2012 Ohio App. LEXIS 827), a 13 year- old cheerleader suffered a spinal compression injury when a fellow cheerleader fell on her during the execution of a stunt.
By Doyice Cotten
Northwest Nazarene University required Morrison and some co-workers to participate in a “team building exercise” that included, among other things, a climbing wall activity. Morrison fell, was seriously injured, and sued alleging negligence (Morrison v.
Waivers, Employer/Employees, and Bargaining Position
By Doyice Cotten
This article is taken from Waivers & Releases of Liability 7th ed. by Doyice and Mary Cotten.
Employers are considered to have a superior bargaining position over employees.
By Doyice Cotten
Courts in some states require that the word “negligence” be included in a waiver. Some strongly urge the use of the term. Others simply specify that the intent of the waiver to cover negligence must be clear.
By Doyice Cotten
In Waivers & Releases of Liability (7th ed.), this author devotes two entire chapters (More than 50 pages) to how to write an effective waiver. One can construct a great waiver by following the guidelines presented.
By Doyice Cotten
Waivers may fail for a number of reasons. Over the last several years it seems that there is a rash of failures because the waiver was 1) too narrowly constructed, 2), overly broad or 3) did not specifically name a party seeking protection.
This article was taken from Waivers & Releases of Liability 7th ed. and updated for SportWaiver.com. Click SportWaiver for a limited time special price on the book.
By Doyice Cotten
No waiver is perfectly written,
By Alexander “Sandie” Pendleton
of Kohner, Mann & Kailas, S.C.
Relating to this published previously article, Dan McKinney reports (Feb 23, 2012) the following update:
Just an addition to the current Personal Injury Lawsuit pending in the Illinois Appellate Court –