By Doyice Cotten
We know that in most states, a well-written waiver of liability will protect a sport, recreation, or fitness provider from liability for injuries to an adult resulting from the ordinary negligence of the provider. Such waivers,
By Doyice Cotten
In contract law, it is generally considered manifestly unfair if a stronger party has an advantage in bargaining power over a weaker party. Thus, a court may intervene by setting aside or modifying the contract to restore equity.
By Doyice Cotten
The Alaska Supreme Court has provided a 6-Element test for liability waivers. One of these elements is that “the release agreement must not represent or insinuate standards of safety or maintenance.”
By Doyice Cotten
First, What is Rhabdomyolysis?
Rhabdomyolysis is a serious syndrome due to a direct or indirect muscle injury. It results from the death of muscle fibers and release of their contents into the bloodstream.
By Doyice Cotten
It is well-established that the common law imposes a duty of care on business owners to maintain safe premises for their business invitees (clients or potential clients). Justification of this is that the law recognizes that an owner is in a better position to prevent harm than is the invitee.
By James H. Moss, J.D.
James Moss is a highly recognized lawyer in the outdoor recreation industry. He is a well-known authority in the sport and recreation law field and is the author of a top book in the field,
By Doyice Cotten
Jim McNeil was a professional motocross rider and jumper; he was killed in an incident in which he was attempting to make a 75 foot jump over a motorhome (McNeil v. Freestylemx.com, 2016).
By Mary Cotten
In New York, liability waivers relieving a service provider of liability for its own negligence are generally enforceable. However, sport, recreation, and fitness providers who do business in New York are familiar with one major exception,
By Mary Cotten
A waiver of liability in the sport, recreation, or fitness industry can usually be accurately described as a standardized agreement printed on the company’s form, offering little or no opportunity for negotiation or free and voluntary bargaining by the signer.
By Mary Cotten
The question of the effectiveness of a waiver signed by a non-reader or a non-English reader is a concern for sport, recreation, and fitness providers. Courts generally hold that a person who signs a contract is bound by it whether they read it or not.