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, customers, or potential clients). Visitors to a place of business generally fall into one of three categories and in most states,
By Doyice Cotten
There is much confusion and misinformation about adhesion contracts as they relate to the enforceability of liability waivers in recreation, fitness, and sport activities. There is a common misconception that adhesion contracts are against public policy and subsequently unenforceable.
By Doyice Cotten
Sport and recreation managers are often confused about their liability in the event of an injury. This is understandable because the law is far from simple. The intent of this post and the included table is to reduce at least some of the confusion.
By Doyice Cotten
In the post last week, we looked at a waiver in a Puerto Rico jet ski case (Morgan v. Water Toy Shop, Inc., 2018). The Puerto Rican court examined the case in which the plaintiff was seriously injured in a collision with another party;
By Doyice Cotten
The primary purpose of a liability waiver is to protect the entity from liability for injuries resulting from the negligence of the entity and its employees. A secondary function of the waiver is to help provide protection from liability for injuries resulting from the inherent risks of the activity.
by Doyice Cotten
The Longview News-Journal recently reported on life-saving measures taken by quick-reacting athletes and trainers when the track and field coach collapsed on the field. Once again, quick thinking, coupled with the availability of an AED,
By Doyice Cotten
The National Athletic Trainer’s Association (NATA) has announced that President Trump (on October 5, 2018) signed the bipartisan Sports Medicine Licensure Clarity Act (H.R 302/S. 808) into law. This is important because prior to this law,
By Doyice Cotten
We have all read about the University of Maryland football player, Jordan McNair, who collapsed in a May football practice and his tragic death about two weeks later. Dr. Rod Walters was hired to investigate the event,
By Doyice Cotten
Hundreds of running-related events are held each year. They include 5k runs, mile runs, marathons, half marathons, and events that include other activities such as the triathlon. There is risk in all of these, but most promoters take care to manage the risk as well as possible.
By Doyice Cotten
Plaintiffs often allege both negligence and gross negligence when injured and seeking redress. New Jersey law generally holds that “contracting parties are afforded the liberty to bind themselves as they see fit.” Waivers of provider negligence,