By Doyice Cotten
On December 14, Athleticbusiness.com ran an interesting story entitled Outdoor Gyms Gaining Popularity as Latest Weapon Against Obesity in which the author described a recent trend in the availability of fitness opportunities for adults.
By Doyice Cotten
Two Russian men, out for some adventure, paid the equivalent of $10 each and tried their hands at the new adventure sport, zorbing. Zorbing consists of rolling down a ski slope or grassy hill inside a giant inflatable ball.
By Doyice Cotten
This author has frequently posted articles pointing out risk management hazards at tourist sites in third work countries – most frequently in Asia and Latin America. When one thinks of Europe, one generally expects safer conditions at tourist sites.
By Doyice Cotten
A guest at Grand Seas Resort was injured when his chair collapsed on the patio. He sued alleging negligence and the Resort claimed protection from its exculpatory clause in the “guest license agreement.” The entire exculpatory language was “Management .
By Doyice Cotten
When one thinks of risks in Cartagena, or for that matter, anywhere in Columbia, one thinks of kidnapping, drugs, and murders. Certainly, there is that possibility; however, on a recent visit there, we found that Cartagena is perhaps the most beautiful city in all of Latin America (see Photo 1) and definitely safer than most.
By Doyice Cotten
A lot rides on a liability waiver; they often determine whether the provider wins or loses a negligence suit. It is important enough that the waiver creator should take care to make certain that the waiver clearly defines the intent of the document.
By Doyice Cotten
There are literally hundreds of waiver cases in which the waiver protected the provider from liability for ordinary negligence by the provider. In the Salinger case below, the waiver specifically stated that Grace Farms was released from liability for negligence (meaning ordinary negligence) and would have protected the provider from such liability.
By Doyice Cotten
In a recent case (Geczi v. Lifetime Fitness, 2012 Ohio App. LEXIS 2580), Jodi Geczi was injured when her treadmill began jerking violently. The case revealed some serious risk management deficiencies that can be easily avoided by health club management.
By Doyice Cotten
In a recent Colorado equine injury lawsuit (Eburn v. Capitol Peak Outfitters, Inc., 2012 U.S. Dist. LEXIS 106 236), an inexperienced rider was injured when her saddle rotated to the side and caused her to fall from the horse.
By Doyice Cotten
When discussing liability waivers, the question often arises “Does the waiver have to include the term ‘negligence’ or ‘neglect’ in order to protect against liability for negligent acts by the provider?” The answer actually varies depending upon the state involved.