Archives

Resort and Tour Disclaimers Are Usually Upheld

November 24, 2015

By Doyice Cotten

Disclaimers on tickets or signs usually are not enforced as waivers of liability. The same, however, is not true of disclaimers in contracts used by resorts or tour operators. This post addresses a disclaimer used by Unique Vacations and SRI (Sandals Resorts) and another disclaimer used by Vantage Travel Service.

U.S. District Court Case Clouds Vermont Waiver Law

November 17, 2015

By Doyice Cotten

Over the past 20 years four Vermont Supreme Court rulings have made Vermont waiver law relatively clear. A recent U.S. District Court for the District of Vermont ruling (Littlejohn v. Timberquest Park at Magic,

For Protection under Assumption of Risk: Injured Party MUST Have Known the Risks!!!

November 10, 2015

By Doyice Cotten
One of the most commonly used defenses when someone is injured in a recreational activity is that the participant assumed the risks. While the law varies somewhat from state to state, it is generally an effective defense when the provider has not been negligent.

Safety Emphasis at County Fairs

November 3, 2015

By Doyice Cotten

The emphasis on safety has changed over the years in the United States. Years ago, the only signage you saw at a fair was for the rides or booths.

Go-Kart Waiver Fails Because it Failed to Specify the Duration of the Waiver

October 27, 2015

By Doyice Cotten

Nicholas Weinrich was injured in a go-kart race when he collided with a protruding section of the guardrail. Weinrich was not required to sign a pre-race waiver because he had signed one at a race six months earlier (Weinrich v.

LOST WAIVERS: What Happens If You Can’t Produce a Signed Waiver?

October 12, 2015

LOST WAIVERS: What Happens If You Can’t Produce a Signed Waiver?

By Doyice Cotten

A recreation or sport provider is only half way home when they require that a client sign a liability waiver.

Costa Rica Bike Tour Waiver Fails to Protect Colorado Tour Company

September 29, 2015

By Doyice Cotten

Sandra Steinfield fell from her bicycle and was injured during a bicycle tour vacation in Costa Rica. She and her husband filed suit in their home state of Pennsylvania; the case was moved to Colorado for trial under Colorado law (Steinfield v.

Waiver Protects University Karate Instructor who Injured his Student

September 22, 2015

By Doyice Cotten
Aaron Morgan was a Kent State University student enrolled in a beginning karate class when he suffered injury. The instructor was demonstrating a technique when Morgan dropped his guard; this resulted in a blow to the face.

Personal Trainer Suit Illustrates the Need for Risk Management Training

September 15, 2015

By Doyice Cotten

It is easy to find mistakes made by personal trainers. As their popularity increases, so do the lawsuits that pop up charging them with negligence. In a recent New York case (Baldi-Perry v.