Archives

Caution to NJ Waiver Users: NJ Courts Continue to be Consistent in Limiting the Breadth of Waivers

July 6, 2022

By Doyice Cotten

In 2017, David Martin entered a charitable clay shooting event. When he arrived at the event, he signed a waiver of liability (Martin v. Hudson Farm Club, Inc., 2021). The waiver stated:

I HAVE BEEN ADVISED THAT THE RECREATIONAL USE OF FIREARMS IS AN INHERENTLY DANGEROUS ACTIVIT WHICH CAN AND DOES RESULT IN SERIOUS BODILY INJURY AND/OR DEATH ESPECIALLY IF SAFETY RULES ARE NOT OBEYED.

Sexual Assault: Tennessee YMCA Waiver was Moot, but No Negligence Found

June 21, 2022

By Doyice Cotten

In Boswell v. YMCA of Middle Tennessee (2019), the plaintiff, Adam Boswell, a health club member, sought damages from the health club based on its alleged failure to protect him from sexual assaults in the locker room by another club member.

Seven Misconceptions Regarding Liability Waivers

June 7, 2022

By Doyice Cotten

President Ronald Reagan once said that his Democrat friends knew a lot, but that what they knew was wrong. Even if you don’t agree with the President, it is true that people signing waivers and people running sport/recreation-related businesses today know a lot more about waivers today than they did 25 years ago.

Minnesota Negligence/Gross Negligence Law Examined in a Rugged Races Case

May 24, 2022

By Doyice Cotten

In 2016, Jeanne Anderson was injured while participating in a Rugged Races event (Anderson v. Rugged races LLC, 2020). The event at which the injury occurred required the participant “To jump off a platform,

Texas Waiver Fails to protect against an intentional act

May 10, 2022

By Doyice Cotten

Samuel Brennan and Matthew Kaufman were competing against each other in a soccer match when Brennan was seriously injured when their heads collided. Brennan claimed the action by Kaufman was an intentional assault and sued Kaufman.(Brennan v.

Pennsylvania Waiver Fails Because Injury was not Caused by the Sport

April 26, 2022

By Doyice Cotten

David Martin participated in a charitable clay shooting event at HFC in Andover, New Jersey. The event had “multiple starting stations at which the charity participants would begin their shooting activities. Some participants at certain locations walked to those locations;”

Who Signed the Waiver? … Can You Prove the Client Signed It?

April 10, 2022

By Alexander “Sandie” Pendleton

Alexander Pendleton is a practicing attorney in Milwaukee, Wisconsin. He has a strong interest in sport and recreation waivers.

Are you sure you know who is signing your waivers? The perils of not knowing were emphasized in a 2021 Pennsylvania federal court decision in which the court refused to enforce a signed waiver.

Minnesota Parental Waiver Prevents Claim by an Adult who was injured as a Minor

March 29, 2022

By Doyice Cotten

When Carter Justice was 7 years old, he fell off an inflatable obstacle course and hit his head on the floor in an indoor amusement park. Prior to his participation, his mother signed a parental waiver of liability which stated: (Justice v.

Distinguishing between Ordinary Negligence and Gross Negligence in California is Tough

March 15, 2022

By Doyice Cotten

It is not surprising that sport and recreation managers are confused by the difference between ordinary negligence and gross negligence because sometimes attorneys and judges also face this problem. It is exasperated by the fact that the definitions vary from state to state.

Language Issue was no issue in LA Fitness Waiver Case

March 1, 2022

by Doyice Cotten

Jasmin Urena was working out at the Wyomissing LA Fitness of which she is a member. After the workout, she relaxed in the sauna, after which the first step collapsed as she got up to leave.