A Cursory Look at Illinois Waiver Law
How to Make Your Waiver “Conspicuous”
By Doyice Cotten
Courts in many states require that to be enforceable, the exculpatory language of the waiver must be conspicuous. In a recent Texas case (Charbonnet v. Shami, 2013), the court discussed Texas waiver law (which requires that a waiver must satisfy their express negligence doctrine and must be conspicuous),
Colorado Court Enforces an On-line Waiver
Waivers Protect Georgia Health Club and Personal Trainer
A man and his wife joined a gym, signing a total of 3 waivers of liability. He began working with a personal trainer and on the day he suffered a stroke, he took a food supplement (R.A.G.E.),
“Snow Cases”: PART III – Waivers Enforced in Skiing and Snow Boarding Cases
“Snow Cases”: PART II – Waivers Enforced in Two Colorado Cases
By Doyice Cotten
Three snow tubing cases were discussed in last week’s post. Two more “snow” cases will be examined in this post with two more to follow next week.
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Two Colorado cases are examined here.
“Snow” Cases: PART I – Waivers Tested in 3 Snow Tubing Cases: PA, NY, and MO
By Doyice Cotten
Seven “snow” case waivers have been considered by courts in the last few months. Three will be presented here with two to follow in each of the next two posts.
Oregon Addresses a Parental Waiver for the First Time
Michigan “Warrior Dash” Waiver Protects Against Negligence (But Not Gross Negligence or W/W Misconduct)
By Doyice Cotten
This is the first case encountered by the author that has resulted from one of the popular adventure-obstacle races such as Spartan Race and Tough Mudder. Here, the waiver used for Warrior Dash is challenged.
A Cursory Look at California Waiver Law
By Doyice Cotten
Note: This posting is not intended to provide an comprehensive presentation on California waiver law, but rather to offer the reader a brief look at what some of the courts have said about waivers and their enforcement.