A Good Approach to Electronic Waivers in New York State
How Broad Should Your Waiver Be?
By Doyice Cotten
Can a waiver fail to protect the service provider because it is too broad in scope? YES. Can a waiver fail to protect the service provider because it is not broad enough in scope? YES.
Electronic or Online Waivers: How Good Are They?
By Doyice Cotten
The preferred form of waiver usage in recreation and sport businesses is quickly becoming electronic (waiver available on a computer, tablet, or online). I am asked whether electronic waivers are as valid and effective as paper waivers.
HOW TO PUT TEETH IN YOUR VACATION RENTAL AGREEMENT
By William W. Ballinger
Attorney at Law
What does your current vacation rental agreement look like? Is it a lease agreement, or one that has been pasted together from various online sources? If so, you are putting yourself and your property at risk.
Wisconsin Supreme Court Reinforces its Stand Against the Enforcement of Waivers
By Doyice Cotten
Several liability waivers have been enforced by Wisconsin appellate courts over the years; more important, however, is the fact that the Wisconsin Supreme Court has never enforced a liability waiver. With the advent of Roberts v.
Another Injury Outside a Fitness Facility – Different Result
By Doyice Cotten
In the last post (You Be the Judge – Test your Liability Knowledge), a suit resulted from an injury when a woman slipped and fell on the icy sidewalk outside a health club.
You Be the Judge – Test your Liability Knowledge
By Doyice Cotten
Occasionally, we offer the reader an opportunity to test his or her liability judgment. Take a few minutes and check this waiver and see if you think it protected the defendant health club from liability for negligence (Hoffner v.
Massachusetts Skydiving Waiver Case Yields Some Interesting Results Regarding: Opportunity to Bargain, Unconscionability, & Strict Liability
By Doyice Cotten
Tricia Cahalane was seriously injured while performing a tandem skydiving activity. In the tandem skydive, she was attached to Marcus Silva, an employee, by a harness. During the skydive, Silva performed a “hook turn;” Hook turns were allowed at that time,
Delaware Court Enforces Motocross Parental Waiver for Negligence but Not for Recklessness
By Doyice Cotten
In 2013, Tommy Lynam (age 13), was riding a motocross bicycle at Blue Diamond Motocross near New Castle. While riding, Tommy rode off a jump, made a hard landing, and was unable to stop in time before colliding with a large metal shipping container. Read More
Admiralty Law Supports Liability Waiver in New Jersey Parasail Case
By Doyice Cotten
The Olmos and their two sons signed up for a parasailing trip. While on the boat traveling out of the inlet, Dina Olmo shifted her sitting position just as the boat hit a wave, lifting her into the air.