By Doyice Cotten
Courts in some states require that the word “negligence” be included in a waiver. Some strongly urge the use of the term. Others simply specify that the intent of the waiver to cover negligence must be clear.
By Doyice Cotten
Two recent events accentuated the importance of an AED for your sports event or facility. The events involving young soccer players illustrate similar incidents, different preparation for emergencies, and different results — one player lives and another dies.
By Doyice Cotten
In Waivers & Releases of Liability (7th ed.), this author devotes two entire chapters (More than 50 pages) to how to write an effective waiver. One can construct a great waiver by following the guidelines presented.
By Doyice Cotten
Waivers may fail for a number of reasons. Over the last several years it seems that there is a rash of failures because the waiver was 1) too narrowly constructed, 2), overly broad or 3) did not specifically name a party seeking protection.
This article was taken from Waivers & Releases of Liability 7th ed. and updated for SportWaiver.com. Click SportWaiver for a limited time special price on the book.
By Doyice Cotten
No waiver is perfectly written,
Gymnastics can be a high risk activity in physical education. Some school districts have eliminated this curriculum area because of potential liability associated with it. I was retained in 2007 as the expert witness for the plaintiff child in a physical education class involving gymnastics.
By Alexander “Sandie” Pendleton
of Kohner, Mann & Kailas, S.C.
Relating to this published previously article, Dan McKinney reports (Feb 23, 2012) the following update:
Just an addition to the current Personal Injury Lawsuit pending in the Illinois Appellate Court –
By Doyice Cotten
There is risk everywhere, whether we are in a major U.S. city, a rural community in Kansas, on the Mekong River in Southeast Asia, playing a lottery, or an online casino.
By Doyice Cotten
Lewis Operating Corporation and Homecoming II operate a residential property which offers a health club or exercise facility as an “amenity” for residents. John Costahaude, a resident, was using a treadmill when an employee or agent of the ownership group rolled a ball into,
This article was taken from Waivers & Releases of Liability 7th ed. and updated for SportWaiver.com. Click SportWaiver for a limited time special price on the book.
By Doyice Cotten
Waivers are now enforceable and can protect the service provider from liability for ordinary negligence in almost every state.