Archives

We Know Delta and Greyhound are Common Carriers … But is a Zipline a Common Carrier in Illinois?

July 12, 2016

By Doyice Cotten

April Dodge was a paying customer of Grafton Zipline Adventures when the braking system failed causing April to collide with a tree and suffer injury. She sued alleging that Grafton was negligent. Grafton claimed protection from the liability waiver signed by April prior to participation to which the plaintiff asserted that the waiver was unenforceable because Grafton is a common carrier and cannot exempt itself from liability for its negligence (Dodge v.

Liability Waivers are Prohibited in Louisiana! But Should Providers Continue to Use Them?

July 5, 2016

By Doyice Cotten
Brenda Fecke, a senior at LSU, fell while bouldering at the LSU Recreation Center indoor rock climbing wall facility. The fall resulted in an ankle injury; this was followed by a lawsuit alleging negligence on the part of LSU (Fecke v.

Waivers & Non-Readers: Another Factor to Think About!

June 28, 2016

By Doyice Cotten

The author has written about some of the problems with having non-readers sign a waiver. There can be problems whether the person is simply illiterate or does not speak and read English. Some courts have ruled that one is responsible for what one signs and have enforced waivers signed by non readers.

A Tale of Two Florida Water Sport Waivers

June 21, 2016

By Doyice Cotten
When I travel, I make it a habit to pick up liability waivers wherever I go. On a recent trip to Florida I visited a number of water sport businesses. Of the waivers I obtained, I would like to compare two.

Interpreting a Waiver: Can you do it?

June 14, 2016

By Doyice Cotten

The Waiver

“I understand that there are inherent and other risks involved in the sport for which this equipment is to be used and that injuries are a common and ordinary occurrence of the sport,

Ph.D. Fails to Read Waiver for FlowRider . . . Risk Management Signage and Waiver Protect

June 7, 2016

By Doyice Cotten

In a recent case (Steinberg v. Sahara Sam’s Oasis, LLC, 2014), the plaintiff was injured when he attempted the FlowRider. He sued alleging negligence and gross negligence on the part of the provider.

Make Certain your Waiver Protects You against Your own Negligence!

May 24, 2016

By Doyice Cotten

Roseann Jablanofsky died in an accident while taking a motorcycle safety training program. She wanted to be able to accompany her husband on motorcycle rides.

Prior to the course, she signed a waiver of liability;

Regular Inspections, and Complete Records!! A MUST for Health Clubs . . .

May 17, 2016

By Doyice Cotten

In Chavez v. 24 Hour Fitness USA, Inc. (2015), Stacey Chavez was injured when the back panel of a “FreeMotion” cable crossover machine (“cross trainer”) struck her in the head. She subsequently filed suit.

When an Adult Participant Signs a Waiver Written for Minors — Is the Waiver Enforceable?

May 10, 2016

By Doyice Cotten

In this case (Belliconish v. Fun Slides Carpet Skate Park, Inc., 2014 Pa. Super. Unpub. LEXIS 349), Mr. Belliconish took his family to an indoor skate park. He signed waivers on behalf of himself and his family.