By Doyice Cotten
In a Michigan rock wall climbing injury case (Alvarez v. LTF Club Operations Company Inc., 2016), the plaintiff had climbed the wall and started to belay down when his harness broke because he had it on backwards and incorrectly hooked to the belay system.
By Doyice Cotten
On January 13, 2017, the Governor of Massachusetts signed into law Bill S.2449 mandating automated external defibrillators (AEDs) in Massachusetts schools. The law provides that AEDs be in all public schools in the state and that at least one staff member be trained in its use.
By Doyice Cotten
Sheila Brown joined 24 Hour on February 27, 2001, signing the 24 Hour Fitness USA, Inc. membership agreement containing a liability waiver. She terminated her membership several months later; then, after a few months her son renewed her membership through his corporate membership.
By Doyice Cotten
David Jones, suffered permanent injuries in a drag-racing accident resulting from the failure of an added part during the performance of a wheelie. He filed this products liability action against UPR and numerous other entities alleged to have participated in the production or design of the Product,
Part 3
By Doyice Cotten
In a Massachusetts case (Borges v. Sterling Suffolk Racecourse, Inc., 2000), Israel Borges, a trainer, sustained injuries when he slipped due to ice on the ground and fell while on property at the Suffolk Downs Track owned and controlled by the defendants.
Part 2
By Doyice Cotten
Nicholas Weinrish was injured while operating a go-kart on the defendant’s track (Weinrich V. Lehigh Valley Grand Prix Inc., 2015). A piece of plastic covering a guardrail broke and protruded toward the track;
Part 1
By Doyice Cotten
Tariq Davis, a minor, was injured when he ran into the street and was struck by an auto while chasing a soccer ball (Davis v. American Youth Soccer Organization,
By Doyice Cotten
In a recent New Jersey case (Kang v. LA Fitness of South Plainfield, 2016), the court addressed several issues relating to waivers. Among them was 1) non-reader or speaker of English,
By Doyice Cotten
Two major problems with liability waivers are that they are sometimes misunderstood and misused by owners or managers of sport businesses. First, some sport managers think that a liability waiver provides total protection against lawsuits for injury.
By Doyice Cotten
Certain types of special relationships can affect the enforceability of liability waivers. One such relationship is that between an employer and an employee – often referred to as the master-servant relationship. Generally, waivers which employers require that their employees sign are unenforceable because of the economic hold that the employer has over the employee.