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; the plaintiff sued the shop that rented the jet ski to the party who caused the accident. Since the incident occurred in navigable waters, the suit fell under maritime law.
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. Technically, the provider is not usually liable for injuries associated with the inherent risks – provided the injured party was familiar with those inherent risks. The listing of inherent risks in the waiver can provide evidence that the participant was aware of the inherent risks;
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, resulted in saving a life.
The fact that Longview (Texas) High School had an Automated External Defibrillator readily available (and personnel trained in its use) was the key to avoiding a tragic death. As soon as the coach collapsed,
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, “many states had no legal protection for sports medicine professionals whose jobs often require travel outside of their primary state where they are licensed.” Medical liability insurance carriers did not cover activities performed outside of the professional’s primary state.
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, the University football program, and the athletic training protocols followed.
In September, Dr. Walters completed his investigation and issued a report. This report presented a timeline of events. This timeline (reported in Athleticbusiness.com) follows:
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.
In a huge half marathon/5K run in California involving about 10,000 participants, a runner collapsed seconds after completion of the half marathon and died a few minutes later (Hass v.
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, however, are disfavored in law and must be subjected to close judicial scrutiny. Such waivers must reflect the intent of the party giving up rights to do so voluntarily and with knowledge of the consequences. Further the signer of a contract,
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.” She sued alleging negligence plus other claims. The trial court ruled that Vail was protected by the waiver language. She appealed to the U.S. Court of Appeals in this action (Raup v. Vail Summit Resorts,
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, a civilian, participated in a team-building activity at the Para-Rescue Academy at Kirkland Air Force Base. She informed the person in charge that she had never rappelled; she said later that she had been informed there would be no climbing involved in the activity.
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, it becomes clear that there are two schools of thought on the matter of whether waivers can protect against liability for gross negligence.
Some Texas courts feel that gross negligence is not a separate cause of action from that of negligence.