By Doyice Cotten
Check out your waiver savvy on this case! Vicki Taylor, an Atrium employee, received a free massage provided to hospital personnel for “Hospital Appreciation Week” by MHR Solutions, LLC d.b.a. Massage Envy and Atrium Medical Center.
By Doyice Cotten
Lisa Garvine fell from her horse during a charity horse ride offered by Oxford Grain & Hay Company on land owned by the State of Maryland. This suit ensued (Garvine v. Maryland,
By Doyice Cotten
In this case, two persons (Cynthia Mowery and Brian Alexander), injured in separate incidents, sued The Eastern Shore Criminal Justice Academy and the instructor, Barry Smith, alleging gross negligence in causing serious injuries. Each was in training at the Academy and each had signed a liability waiver (Mowery v.
By Doyice Cotten
Most sport, recreation, and fitness professionals have an idea (though they are often incorrect) of what constitutes ordinary negligence. Many understand that
ordinary negligence is the failure to exercise the level of care that someone of ordinary prudence would have exercised under the same circumstances.
By Doyice Cotten
Many are unaware of a California Statute § 831.7, which provides some liability protection for both public entities and public employees when participants are injured while participating in hazardous recreational activities. The protection has certain limitations including that the protection is limited to public entities and public employees.
By Doyice Cotten
Sport, recreation, and fitness businesses regularly depend upon liability waivers for protection from liability for injuries resulting from the negligence of the business. What is still astounding is the quality of some of the waivers relied upon by some businesses.
By Doyice Cotten
Levi Rutherford, a minor and a highly skilled skier, suffered a brain injury when he skied into a patch of thick, wet, machine-made snow and crashed at a ski resort d.b.a. The Canyons.
By Doyice Cotten
I was recently made aware of a website that should be of interest to all of us — seniorliving.org. This site should be of interest to most of our readers because we are either a senior now,
By Doyice Cotten
Ms. Patterson bought a ski lift ticket online, paying $57. Two days later she picked up her ticket at the resort. The front of this lift ticket contained an adhesive sticker, designed to be removed and adhered to a wicket on the ticket holder’s clothing,
By Doyice Cotten
The Kentucky Supreme Court is the latest court to record an opinion regarding the enforcement parental waivers (a waiver signed by the parent of a child releasing the activity provider from liability for subsequent injury suffered by the child).