Archives

Redacted Waivers in New York Help Protect

June 10, 2014

By Doyice Cotten

New York’s highest court has stated that disclaimers or releases of liability are looked upon with disfavor; however, absent conflict with statute or public policy, courts will enforce such contracts (Gross v.

Utilize the “Negligence of the Provider” — But Address Negligence Risks and Inherent Risks Separately

June 3, 2014

By Doyice Cotten

On countless occasions, this author has stressed two points. First, is the value (or even necessity) of including specific reference to the “negligence of the provider” in the exculpatory language of a waiver.

D.C. Court Rules on Opportunity to Negotiate, Gross Negligence/Recklessness, and Lack of Consideration

May 20, 2014

By Doyice J. Cotten

In a case in which a client was injured on a Segway[1] tour, the U.S. District Court for the District of Columbia addressed several aspects of waiver law in the District of Columbia.

Ambiguity in Missouri: Meaning of “any” and “any and all” in Waivers

May 13, 2014

By Doyice Cotten

Colleen Holmes, a participant in a racing event, tripped over an audio-visual box at the event. She filed suit against the television station claiming the waiver signed by the plaintiff was unenforceable because of ambiguity in the language (Holmes v.

Mississippi Parental Waiver Law

May 6, 2014

By Doyice Cotten

Many businesses and organizations, like Mississippi State University, require parents to sign a liability waiver on behalf of their minor child or children. However, Mississippi law on the enforceability of such waivers is unclear.

A Look at Mississippi Waiver Law

April 29, 2014

By Doyice Cotten

Mississippi waiver law is not crystal clear in spite of several Supreme Court of Mississippi rulings. Some major considerations are addressed in the following.

Quinn v. Mississippi State University (1998)

An important liability waiver case addressed by the Mississippi Supreme Court (Quinn v.

Waivers Upheld for Negligence in 3 of 4 Trail Ride Cases in 2013

April 22, 2014

By Doyice Cotten

Trail rides have been a risky proposition for women in 2013. As can be seen below, a well-written liability waiver for trail rides will provide protection for equine providers from liability for ordinary negligence in most states.

Providers Charged with Strict Liability Are Not Protected by Waivers

April 15, 2014

By Doyice Cotten

Strict liability is called liability without fault, because one does not have to prove fault for liability. Strict liability law generally applies in situations where one keeps wild animals, where one conducts ultra-hazardous activities such as fireworks displays,

Risk Management Audit at Heart of Rope-Climbing Lawsuit

April 8, 2014

Dr. John Wolohan, an authority on sport law and liability, examined a recent case in which a college employee was seriously injured when she fell from a climbing wall. The college had hired a risk management company to inspect the facility and evaluate their risk management program.