By Doyice Cotten
The term “meeting of the minds” is often used in regard to contracts. This is often used to describe the mutual intentions of the parties forming the contract and is often considered a necessary requirement to the formation of a contract.
By Doyice Cotten
Indiana law regarding waivers and extreme forms of negligence (gross negligence, reckless conduct, willful/wanton conduct and intentional acts) was addressed in Sportsdrome Speedway, Inc. v. Clark (2016 Ind. App. Unpub. LEXIS 363).
In this case,
By Doyice Cotten
Plaintiff Suzanne Conning fell while practicing for the bicycle leg of a triathlon, was struck by a passing car, and suffered injury. She fell as tried to return to the roadway from a gravel side surface.
By Doyice Cotten
In a 2016 Pennsylvania health club case (Hinkal v. Gavin Pardoe & Gold’s Gym, Inc., 2016 Pa. Super. LEXIS 32), the Superior Court upheld a lower court ruling that the waiver in the gym membership agreement was valid and enforceable.
By Doyice Cotten
Injuries occurring in health clubs in the State of New York can be problematic for club owners since protection against liability for negligence is ineffective in many circumstances – one being in places of amusement or recreation.
By Doyice Cotten
Any number of parties may be named as defendants in a negligence suit. The obvious defendant is the party that committed the act leading to the injury – generally an employee of an organization or corporation.
By Doyice Cotten
In recent years, many states have added statutes providing liability protection for landowners making their agricultural land available for the purposes of agritourism. Currently (June, 2016), the author has found agritourism statutes in 22 states.
By Doyice Cotten
“The Davis School District and local school administrators have acted upon the recommendations of our department to place (defibrillators) within this school. The heroic efforts of a well-trained staff and a good maintenance program in keeping the batteries ready to go in this (defibrillator) clearly made a difference here today.”
Layton Fire Department spokesman Doug Bitton
By Doyice Cotten
Most state waiver law comes from court rulings but many state legislatures have passed statutes regarding liability waivers. Some statutes have a strong impact upon waivers in the state; others are less important, often affecting waivers for only one sport.
Doyice J. Cotten
FACT: A well-written waiver willingly signed by an adult participant can protect the service provider from liability for the provider’s negligence in most states.
FACT: Many waivers fail because of what might be termed “unforced errors” on the part of the writer in making clear the scope of the waiver.