By Doyice Cotten
Troy Czapor executed an exculpatory waiver, releasing Sportsplex from liability arising out of ordinary negligence and assuming the risk of any injury. Czapor alleges that he was playing soccer “when suddenly and without warning his right leg got caught in a depression,
By Doyice Cotten
Lamerle Johnson drowned while canoeing in the lake at the resort, Mayacamas Lake. This regards aspects of the California appellate court decision in the resulting legal action (Johnson v. Mayacamas Holdings LLC,
By Doyice Cotten
The Sturms (Timothy, his wife Sandra, and their daughter Holly) decided to take a dogsled ride and prior to the ride, the two adults signed a liability waiver described as a Participation Agreement. During the ride,
By Doyice J. Cotten
The case used in this post is a California case (Brown v. El Dorado Union High School District, 2022) and applies California waiver law. Laws in many states may differ substantially,
By Alexander “Sandie” Pendleton
A Wisconsin ski resort received a mixed decision from the Wisconsin Court of Appeals in Schabelski v. Nova Casualty Company, a decision released on June 30,
By Doyice Cotten
In 2017, David Martin entered a charitable clay shooting event. When he arrived at the event, he signed a waiver of liability (Martin v. Hudson Farm Club, Inc., 2021). The waiver stated:
I HAVE BEEN ADVISED THAT THE RECREATIONAL USE OF FIREARMS IS AN INHERENTLY DANGEROUS ACTIVIT WHICH CAN AND DOES RESULT IN SERIOUS BODILY INJURY AND/OR DEATH ESPECIALLY IF SAFETY RULES ARE NOT OBEYED.
By Doyice Cotten
In Boswell v. YMCA of Middle Tennessee (2019), the plaintiff, Adam Boswell, a health club member, sought damages from the health club based on its alleged failure to protect him from sexual assaults in the locker room by another club member.
By Doyice Cotten
President Ronald Reagan once said that his Democrat friends knew a lot, but that what they knew was wrong. Even if you don’t agree with the President, it is true that people signing waivers and people running sport/recreation-related businesses today know a lot more about waivers today than they did 25 years ago.
By Doyice Cotten
In 2016, Jeanne Anderson was injured while participating in a Rugged Races event (Anderson v. Rugged races LLC, 2020). The event at which the injury occurred required the participant “To jump off a platform,
By Doyice Cotten
Samuel Brennan and Matthew Kaufman were competing against each other in a soccer match when Brennan was seriously injured when their heads collided. Brennan claimed the action by Kaufman was an intentional assault and sued Kaufman.(Brennan v.