By Doyice Cotten
Carolyn Raup was injured dismounting a chairlift. The lift ticket was purchased for her by her daughter and son-in-law. The ticket had a waiver on its back side and a warning on the front reading “IMPORTANT WARNING ON REVERSE.”
By Doyice Cotten
A 2018 New Mexico rappelling case (Dominguez v. United States, 2018) illustrates clearly why it is important that waivers warn the signing client of the risks faced in the activity.
Sarah Dominguez,
By Doyice Cotten
Last week’s post, Court in Texas Trampoline Park Case Enforces Waiver for Gross Negligence, involved an occasion when a Texas Appellate court did enforce a waiver for gross negligence. But, when one looks at previous court rulings,
By Doyice Cotten
Graciela Quiroz and her sixteen-year-old son went to Jumpstreet for trampolining. Before jumping, she signed a pre-injury waiver of liability “Jumpstreet, LLC Release and Parent/Guardian Waiver of Liability and Assumption of Risk.” After signing the waiver,
By Doyice Cotten
Tyrone Hill tripped over a yoga mat which had been left on the floor of a basketball court and suffered a fracture of the leg (Hill v. LA Fitness, 2018). He sued LA Fitness alleging negligence.
By Doyice Cotten
Courts in few states have given as much guidance regarding liability waivers for negligence as has Pennsylvania. Pennsylvania has many requirements for effective waivers, but its courts consistently enforce well-written waivers that follow these guidelines.
By Doyice Cotten
Scott and Sarah Witkowski and their son rode a Niagara Jet Adventures(referred to as Niagara) jet boat after having signed a waiver of liability. The boat hit a large wave throwing Scott and the son into Sarah causing injury.
By Doyice Cotten
Where there are fitness, recreation, and sport activities, there are injuries! Unfortunately, where there are injuries, there are lawsuits! Providers of these activities must take care to manage risk in three ways. First, the provider should institute a sound risk management program which includes an approach toward reducing the likelihood of injury as much as possible.
By Doyice Cotten
Bradford Jones and his son, Forbes, rented jet skis from The Barge, LLC, owned by David Hubert. As they began riding, Bradford was injured when he turned suddenly and stopped in front of the inexperienced boy’s jet ski.
By Doyice Cotten
Croatia is a beautiful country filled with friendly people – making it a great tourist destination. Nevertheless, as is true everywhere, staying alert can help a tourist avoid accidents.
One sees a lot of signage in Croatia that,