A Look at the Instructional Element of New York’s G.O.L. 5-326 Statute Prohibiting Certain Waivers of Liability
Liability Waivers Have Limitations: State Statutes
By Doyice Cotten
Most, or at least many, sport, fitness, and recreation businesses rely upon liability waivers to protect the business from liability for injury in the event of provider negligence. One occasionally hears that waivers are not worth the paper they are written on.
Interesting Safety Signage Around the World
By Doyice Cotten
Americans traveling in other countries have the opportunity to see some interesting, and often, unique signage. A few are presented in this post. Some, like the first one, are not usually seen in the United States.
Oregon Supreme Court Rules on Enforceability of Liability Waivers
By Doyice Cotten
Author’s Note: It is rare that a court clearly defines and explains waiver law in a state. The Oregon Supreme Court made an effort to explain both the law and their reasoning;
Missouri Supreme Court Provides an Interesting Ruling Regarding a Gross Negligence and Reckless Disregard Claim
Hawaii Waiver Law Clarified: Waivers Don’t Protect Against Negligence!!!
By Doyice Cotten
Waiver law in Hawaii has been unclear for some time. In the past, waivers have been enforced in Hawaii, however, in 1997 the Hawaii Legislature passed HRS § 663-1.54 which read in part:
(a) Any person who owns or operates a business providing recreational activities to the public,
Parental Equine Waivers Are Enforceable in Utah
By Doyice Cotten
Utah law regarding the enforcement of parental waivers has been clearly established since the Hawkins v. Peart Utah Supreme Court decision in 2001. The Court ruled that it was against public policy for a parent to release the prospective negligence claim prior to or after an injury.
NY Motocross Waiver Fails to Protect Because of GOL 5-326
By Doyice Cotten
Pablo Torres, an experienced motocross rider, signed a waiver, paid a fee to enter a race, participated in a motocross race, fell when his cycle was bumped from behind, and suffered an injury when he struck a hard object not far from the track.
Contract Secrets You Learn When Your When Your Cruise Ship Flounders
Doyice Cotten
It is always news when a cruise ship has trouble at sea. Whether it is a disease outbreak, a fire on board, running aground, or engine failure, there are unhappy people. Of course, the cruise ship offers passengers some refund,
Kentucky Motocross Race Waiver Upheld for Negligence and Willful and Wanton Negligence
