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.
By Doyice Cotten
David Martin participated in a charitable clay shooting event at HFC in Andover, New Jersey. The event had “multiple starting stations at which the charity participants would begin their shooting activities. Some participants at certain locations walked to those locations;”
By Alexander “Sandie” Pendleton
Alexander Pendleton is a practicing attorney in Milwaukee, Wisconsin. He has a strong interest in sport and recreation waivers.
Are you sure you know who is signing your waivers? The perils of not knowing were emphasized in a 2021 Pennsylvania federal court decision in which the court refused to enforce a signed waiver.
By Doyice Cotten
When Carter Justice was 7 years old, he fell off an inflatable obstacle course and hit his head on the floor in an indoor amusement park. Prior to his participation, his mother signed a parental waiver of liability which stated: (Justice v.
By Doyice Cotten
It is not surprising that sport and recreation managers are confused by the difference between ordinary negligence and gross negligence because sometimes attorneys and judges also face this problem. It is exasperated by the fact that the definitions vary from state to state.
by Doyice Cotten
Jasmin Urena was working out at the Wyomissing LA Fitness of which she is a member. After the workout, she relaxed in the sauna, after which the first step collapsed as she got up to leave.
By Doyice Cotten
In December 2016, Lamerle Johnson attended a retreat at Mayacamas Ranch hosted by Rockwood Leadership Institute. Upon his arrival, he received a “Release & Waiver of Liability,” which the resort required guests to review and sign before they were assigned rooms and given keys.