South Carolina State Basketball Player Saved by AED

By Doyice Cotten

This is not the first time that automated external defibrillators (AED’s) have been discussed in this column. But once again a life has been saved by their use. South Carolina State was playing North Carolina State in basketball when Ty Solomon, a SCS senior collapsed on the sideline.

He had played almost four minutes and was rotated out. While resting on the bench he was talking with a teammate, collapsed unconscious, stopped breathing,

CPR and AED Trained Athletic Trainers Save Two Collapsed Athletes

By Doyice Cotten

Are you prepared for an emergency at your sport, recreation or fitness facility? If a participant collapses during a workout and has no heartbeat, does someone at your facility know what to do? Do you have personnel trained in CPR? Do you have an AED on hand? And someone who in trained to use it? These are all important questions for management at sport, recreation, and fitness facilities. None of us want to stand by and watch someone die who could have been saved!

Auto Racetrack Case Illustrates Oklahoma Waiver Law

By Doyice Cotten

Linton Combs was injured when struck by a racecar while he was in the racetrack infield. Combs filed suit against West Siloam Speedway Corp. (Combs v. West Siloam Speedway Corp., 2017) alleging negligence in the design and setup of the track, including failure to have barriers put up that would prevent vehicles from entering the infield. He also alleged “recklessness” by Siloam for actions and omissions of such a nature so as to constitute conduct evidencing reckless disregard for the rights of others.

Indoor Cycling Injuries in the news

By JoAnn Eickhoff-Shemek, Ph.D.
Fitness Law Academy, LLC


I am pleased to be able to bring you this article by JoAnn Eickhoff-Shemek. Dr. Eickhoff-Shemek is a well-known leader and authority in the Fitness Industry. She is an emeritus professor at the University of South Florida and is the lead author of Risk Management for Health/Fitness Professionals: Legal Issues and Strategies and a contributing author of The Australian Fitness Industry Risk Management Manual. Her latest project is a new Fitness Law Academy Newsletter designed specifically for fitness professionals.

What is your personal appetite for risk? And could this impact your job?

I am pleased to be able to bring you this article by Ian McGregor, a well-known leader, professional, and consultant in the Risk Management field. Dr. McGregor is a true expert in the field. This is really two great articles in one; here he covers some important risk management fundamentals and if you click on the link within the post, it will take you to another article by Ian on how to determine YOUR risk profile. For more information,

Preparing for an Active-Shooter in Your Sports Venue

By Andy Berg

Executive Director of Athletic Business

This article originally appeared in the January|February 2018 issue of Athletic Business  with the title “New Reality: Anywhere, anytime for any reason.” It also appeared in Athletic Business E-NEWS on February 1, 2018. Athletic Business  is a free magazine for professionals in the athletic, fitness and recreation industry. Click here to subscribe.

Note:   It seems almost unbelievable that there would be a need for an article on this subject  in the United States in 2018 – in a third world country perhaps,

Wife Signs Waiver for Husband – Is it Enforceable?

By Doyice Cotten

Families often visit recreational facilities and are required to sign waivers of liability in order to participate. Sometimes the father signs on behalf of the wife; sometimes the wife signs on behalf of the husband. The question is “Are these waivers enforceable against the non-signer. Most businesses require the signature of both – which is the obviously best policy. But, if for some reason one signs the other spouse’s name on the waiver, is that waiver enforceable?

Michigan Court Explains Distinction between Negligence & Gross Negligence in Roller Derby Case

By Doyice Cotten

Elizabeth Dudros was injured when she struck a wall located only five feet from the roller derby track during a non-contact drill. She had to swerve to avoid a pile-up causing her to strike the wall (Budros v. Womens’ Flat Track Roller Derby Association, 2017 Mich. App. LEXIS 1525).

Budros had purchased WFTDA insurance before skating; the policy included a waiver of liability. The Traverse City Roller Derby (TCRD) athletic director showed Budros around the track prior to the drill.

State Parental Waiver Law Summarized — Part VIII


By Doyice Cotten

This is the eighth of an eight-part series on the enforcement of parental waivers.

As you should have surmised from the previous posts, parental waiver law varies by state. One law that remains the same in all states is that a contract signed only by the minor is unenforceable and non-binding, with a few possible exceptions (e.g., for necessities, when emancipated, when approved by the court).

I mentioned in an earlier post that prior to 1990,

WAIVERS FOR MINOR PARTICIPANTS: More States with Likely Enforcement of Commercial and Non-Profit Entities — Part VII


By Doyice Cotten

This is the seventh of an eight-part series on the enforceability of liability waivers of negligence when the sport or recreation participant is a minor.

Last week, three states were discussed in which the enforcement of parental waivers is very likely. Three more states are discussed in this post. Parental waivers are likely to be enforced in each.


A 2012 state appellate court (Wabash County Young Men’s Christian Association v.