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California Court Rules on Waiver/Arbitration Clause Ambiguity Controversy

April 21, 2015

By Doyice Cotten

Many parties who suffer injuries after having signed a liability waiver still file suit and challenge the waiver in an attempt to collect damages. One of the most common allegations in the challenge is that the waiver is unenforceable because of ambiguity.

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Florida Supreme Court Rules on the Need to Include “Negligence” Language in Liability Waivers

April 14, 2015

By Doyice Cotten

For some time, the appellate courts in Florida have disagreed as to whether a waiver must include the term “negligence,” “negligent acts,” or similar language in order to be enforceable. In Sanislo v.

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Safety on Children’s Playgrounds – In America and in Thailand

April 7, 2015

By Doyice Cotten

Children’s playgrounds are always a good source of controversy. Some peop;e seem to want to eliminate every tiny bit of possible danger or risk. These proponents seemingly want to sanitize the playground. If a piece of equipment contains any perceived risk,

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Reminder: Link to Article on Playground Safety

March 31, 2015

For those who missed the last post regarding playground safety, I am repeating the link to Playground Guru. Many will find it interesting and thought provoking.

http://playgroundguru.org/2015/02/10/the-road-to-hell-is-paved-with-good-intentions/ 

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Not Much Risk Management in Mandalay (Burma)

March 24, 2015

By Doyice Cotten

While readers saw in last week’s post that risk management in Thailand is alive and well, this is not the case in Mandalay, Myanmar’s second largest city.

As in many countries, city sidewalks present somewhat of an adventure.

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Approaches to Risk Management in Thailand

March 17, 2015

By Doyice Cotten

 

Click on Photo to enlarge!

As regular readers know by now, risks faced by locals and tourists in foreign countries abound. Hazards that you would never (or at least seldom) see in the US are both common and dangerous.

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Michigan Waiver Case Examines Ordinary vs. Gross Negligence When the Steering Wheel Comes Off a Racecar

March 10, 2015

By Doyice Cotten

Michigan courts have consistently ruled that a liability waiver can insulate a defendant against ordinary negligence. Likewise they have on many occasions held that such a release cannot protect a party against gross negligence or willful and wanton misconduct.

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Waiver and Indemnity Agreement Upheld for Ordinary Negligence in Massachusetts Triathlon Case

March 3, 2015

By Doyice Cotten

Richard Angelo died during the swimming portion of a triathlon organized by USA Triathlon (USAT). In spite of Richard having signed a waiver and indemnity agreement, his wife Cheryl filed suit alleging negligence,

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N.C. Law Regarding Enforcement of Waivers of Liability

February 24, 2015

 By Doyice Cotten

This case (McMurray v. United States of America, 2012 U. S. Dist.  LEXIS 176608) involved a government vehicle accident in which a passenger was injured when the U.S. Marine driver ran a red light.

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Will Waivers Work in NY? More New York Cases Involving G.O.L. 5-326

February 17, 2015

By Doyice Cotten

In last week’s post, A Look at the Instructional Element of New York’s G.O.L. 5-326 Statute Prohibiting Certain Waivers of Liability , we examined three cases involving New York’s G.O.L. 5-326.

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Sport Risk Consulting
Dr. Doyice J. Cotten
Mary B. Cotten
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912-764-4848

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DISCLAIMER: The information on this website is intended as accurate and authoritative educational material relative to liability waivers and risk management in sport, recreation, and fitness activities. It is made available with the understanding that the authors and contributors are not engaged in rendering legal advice. Readers requiring legal advice should consult an attorney who is competent in this area. The authors and contributors do not guarantee the accuracy of information presented herein, nor do they guarantee the effectiveness of waivers, releases, or other documents developed based upon information presented.
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