Waiver Terminology (Part II)
Waiver Terminology (Part I)
By Doyice Cotten
Most professionals recognize the terms “waiver of liability,” “release and “assumption of risk.” Most, however, are not sure about how these and other similar terms are defined and what their exact function is. In this 3-part series,
Lion Attack Mirrors Previous Waiver Case: ****Chimp Attacks and Injures an Intern****
By Doyice Cotten
The following recent news story recounts a recent California incident that is similar to a 2012 case in which a young female intern was attacked and injured by a chimpanzee:
SAN FRANCISCO — A 24-year-old intern killed by an African lion at a California wildlife sanctuary died suddenly after the big cat broke her neck,
Understanding Negligence and Liability: “Causes of Injury” (Part 3)
Understanding Negligence and Liability: “Determining Negligence” (Part 2)
By Doyice Cotten
In last week’s post Understanding Negligence and Liability (Part 1), we addressed this issue of negligence. This post presents another example to help the reader better understand the concept[1].
Understanding Negligence and Liability — (Part 1)
By Doyice Cotten
Health clubs, personal trainers, rafting companies, parasail companies, trampoline parks, bowling alleys, skating rinks, city recreation departments, horseback riding stables, martial arts instructors, snowmobile providers, and ski resorts: what do these entities have in common?
Waivers, Wrongful Death, and Colorado
By Doyice Cotten
William Bradford rented a snowmobile, accidentally struck a tree, and was killed leaving behind a spouse and a son by a former spouse. The survivors filed a wrongful death claim against the rental company, On the Trail Rentals,
Resorts, Tours, and Agency Law
By Doyice Cotten
It is common practice for hotels and resorts around the world to offer optional tours to guests through activity providers. These types of tours include such activities as snorkeling, nature tours, tubing, sightseeing, and any number of other activities.
Waivers, Wrongful Death, and New Jersey: A Caution
By Doyice Cotten
When a person participating in a recreational or sports activity is killed due to the negligence or recklessness of the activity provider, it is apparent that the deceased party cannot sue the responsible party for damages.
Waiver Must Name Protected Parties
By Doyice Cotten
In Jones v. Staubli Motor Sports Division of Staubli American Corporation (2012 U.S. Dist. LEXIS 133650), Jones worked as a refueler for the pit crew at the Mid-Ohio Racetrack and Staubli provided the fueling system used in the race.