Established Protocol for Administering Electronic Waiver Protects Fair When Participant is Killed

By Doyice Cotten

The 28th District, an agency in the State of California, organizes and operates the San Bernardino County Fair and owns and operates the event location. The fair’s attractions are owned and operated by independent vendors. The vendor in this case, FD Event, owned and operated the “Free Drop Experience.” It involved jumping off scaffolding 36 feet high onto a stuntman airbag. When constructing the scaffolding for the May, 2015, fair the platform at the top was eliminated because it seemed to add too much stress to the tower.

Insufficient Language Results in Waiver’s Failure to Protect for Negligence in a Deep Sea Fishing Trip – Admiralty Law

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. Some small businesses have investments of hundreds of thousands of dollars; other businesses’ investments are in the millions. In spite of this, some are relying upon what seems to be a 25 cent waiver.

In New Pelican Charters,LLC v.

You Be the Judge: Injury Caused by Collapsing Massage Chair

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.

Prior to the massage, Vicki signed a waiver of liability which included the following language,

You understand and voluntarily accept any risks of which you have been advised about associated with your massage, or from any use of the company’s facilities,

Inadequate Exculpatory Language and Facility Improvements After an Incident Involving Possible Negligence

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, 2019).

While moving to the start line, Garvine and her horse fell into a creek that was lower than the trail and hidden by undergrowth. There were no barriers or warning signs to warn riders of a culvert,

A Unique Challenge to a Waiver – Retract the Waiver

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. Smith, 2019).

The Unique Defense

The case addressed several issues, including Maryland waiver law [which will be presented in greater detail in a subsequent post].

The Difference Between Ordinary Negligence and Gross Negligence

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. Many understand that negligence is indicated by  inattention, irresponsibility, and actions that are careless.  

A California federal court (Kabogoza v. Blue Water Boating,

California Statute Regarding Hazardous Recreational Activities

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. Also, “hazardous recreational activity” is carefully defined and, importantly, the statute lists five instances in which the liability protection does not apply.  

The statute is presented below:

West’s Ann.Cal.Gov.Code (Effective: January 1,

The Importance of a Well-written Waiver

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. Some small businesses have investments of hundreds of thousands of dollars; other businesses’ investments are in the millions. In spite of this, some are relying upon what seems to be a 25 cent waiver.

In New Pelican Charters,LLC v.

Utah Supreme Court Reaffirms: Parental Waivers Are Not Enforceable in Utah

 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. His parents sued alleging negligence and premises liability (Rutherford v. Talisker Canyon Finance Co., LLC, 2019).  Defendants claimed the suit was barred by the waiver signed by Rutherford’s parents and by the Utah ski statute.

Of interest in this post is the Utah Supreme Court ruling as to whether parental waivers are enforceable in Utah.