Editors Note: Thanks go to Tiffany Dowell Lashmet for permission to run this excellent article on the Texas Agritourism Act. Tiffany is an Assistant Professor and Extension Specialist specializing in Agricultural Law with Texas A&M Agrilife Extension. Many, if not most,
By Doyice Cotten
Let me begin by saying this was an interesting and unusual case. It involves 20 year-old Megan Soucy, her mother, and her two minor sisters. It takes place on two days.
Day One – July 9
Megan and her family visit Nova Guides,
By Doyice Cotten
Every state has some form of Good Samaritan statute which is intended to provide immunity from liability for certain parties who voluntarily and gratuitously come to the aid of injured persons. Good Samaritan laws were developed to encourage both physicians and laymen to help others in emergency situations.
I recently received an email from James Hellwege regarding risk management efforts of a provider in relation to the assumption of risks by the participants. It is encouraging when providers take positive steps 1) to inform participants of the risks of an activity and 2) to document their actions with accuracy.
By Doyice Cotten
A 2015 Colorado case at a ski resort illustrates the importance of clarity of intent or meaning in liability waivers (Schlumbrecht-Muniz v. Steamboat Ski and Resort Corporation, 2015 U.S. Dist LEXIS 125899).
By Doyice Cotten
In R.H. v. Los Gatos Union School District (2014 U.S. Dist. LEXIS 47035), a high school wrestler was injured when he wrestled a larger opponent in a match. There were many claims including mismatching and negligence.
By Doyice Cotten
Most everyone occasionally is required to sign a waiver in order to participate in some activity. Most waivers are intended to prohibit plaintiff recovery in the event the plaintiff is injured due to the NEGLIGENCE of the provider of the activity.
By Doyice Cotten
The BIGGEST change in Waivers & Releases of Liability (9th ed.) is the way in which states are classified according to the waiver law in the state. In the last few editions, each state was classified as Lenient,
Where there are fitness, recreation, and sport activities, there are injuries! Unfortunately, where there are injuries, there are lawsuits! Providers of these activities must take care to manage risk in two ways. First, they should take steps to reduce the likelihood of injury as much as possible.
By Doyice Cotten
Those of you who have traveled to third world countries may have noticed that safety is not usually the top concern. Here are a few examples from Namibia that reinforce that idea! In Namibia, we found that the danger from wild animals in a reserve were not the only risks encountered.