By Doyice Cotten
In 2016, Sarah Witkowski and her husband, Scott, were passengers on a jet boat operated by Niagara Jet Adventures, LLC, (“Niagara Jet”) when she suffered injury. They sued alleging negligence or willful and reckless conduct.
By Doyice Cotten
In several previous posts (including Established Protocol for Administering an Electronic Waiver Protects Fair when Participant is Killed), this author has commented on how the validity of electronic waivers is dependent upon following procedures by which the electronic signature of the participant can be shown to be authentic.
Alexander “Sandie” Pendleton is an attorney in Milwaukee, Wisconsin, who helps recreational opportunity providers create and properly deploy precisely-crafted waiver and other agreements. He can be reached at [email protected].
By Alexander “Sandie” Pendleton
Forgoing the traditional signed paper waiver agreement,
By Doyice Cotten
The doctrine of assumption of risk provides liability protection for sport and recreation providers in many states. This post attempts to summarize or outline the doctrine in California and show how liability waivers fit in.
By Doyice Cotten
Tony Coleman sued Otese, Ltd. (d/b/a Texas Raceway) for injuries he sustained at a drag strip owned by Otese (Coleman v. Otese, Ltd, 2020). He claimed there was excessive oil on the racetrack.
By Doyice Cotten
Anthony Wimmer went on a hunting trip hosted by defendant Top Gun (Wimmer v. Top Gun Guide Service, Inc., 2019). Prior to going on the trip, Wimmer read and signed a waiver purporting to release Top Gun from liability arising from the hunting trip.
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Circumstances of the Case
While their cruise ship was at St. Thomas, Katherine and Jamie Leach, along with about 20 other passengers, went on a day excursion operated by defendant Cruise Ship Excursions (CSE) aboard a 53-foot catamaran sailing from St.
By Doyice Cotten
We have written before about the distinction between ordinary negligence and gross negligence:
Ordinary negligence is the failure to use such care as a reasonably prudent and careful person would under similar circumstances.
By Doyice Cotten
Please note that I erroneously reported that the Pennsylvania Supreme Court overturned the Superior Court decision (Valentino v. Philadelphia Triathlon, LLC, 2019) enforcing the waiver signed by the deceased. The court,