Two-Year-Old Loses Toe on a Slide
By Doyice Cotten
In 2018, two-year-old girl lost her little toe while sliding down a sliding board into a splash pad at Buzzards Bay Park in Bourne, MA. At the time she went down the slide,
Universities Requiring Football Players to Sign “Waiver-Type” Documents
By Doyice Cotten
A number of schools are requiring football players (and sometimes their parents) to sign an agreement relating to COVID-19. Some agreements are primarily a warning of the risk, but others seem intended to waive the liability of the university should the player contract the disease.
Possible Over-Reaction to COVID-19 by County Recreation Department in Water Park Closure
The COVID-19 pandemic has made all of us aware of the danger of this disease and the need to take reasonable precautions. We all recognize that there is still risk. A recent letter to the editor of a local newspaper questioned the closing of the popular local water park for the entire summer.
High Ropes Course Waiver Protects Provider and Builder Under Colorado Law
By Doyice Cotten
In June, 2018, Jodi Sheldon was seriously injured while participating in a high ropes course at the Golden Bell Ranch. She sued Golden Bell Retreat, Cross Bearing Adventures (“CBA”), the company which constructed the course and trained employees,
Creating Your Risk Management Plan
Jim Moss is a practicing attorney specializing in outdoor recreation law; he has the informative website Recreation Law , on which this article was originally published.
Risk Management Plans always sound good; but,
COVID-19 – Liability Insurance – and Waivers!
By Doyice Cotten
No one needs reminding of the national emergency relating to COVID-19 and the problems it has brought. Many providers of sport, recreation, and fitness activities are worrying about their liability in this situation.
In terms of risk management,
Hanrahan-Fox v. Top Gun Shooting Sports (2019): A Look at Missouri Waiver Law
By Doyice Cotten
Marie Hanrahan-Fox, after patronizing the shooting range operated by Defendant Top Gun Shooting Sports, alleged that she suffered irreversible hearing loss due to the inadequate hearing protection provided her by Top Gun. She claimed that Top Gun was negligent;
Parental Waivers – Waivers Signed by Parents on Behalf of a Minor! Are they Enforceable in Your State?
By Doyice Cotten
At one point, maybe 25 years or so ago, it was not unusual to hear or read ——-, “Waivers are not worth the paper they are printed on!” That time has come and gone; now virtually every professional in sport,
Negligent Hire & Negligent Retention — 2 More Causes of Lawsuits
By Doyice Cotten
Most sport and recreation managers are familiar with the concept of negligence and the associated risk in sport and recreation activities. A couple of concepts with which many sport managers have less familiarity are negligent hire and negligent retention.
Niagara Jet Boat: Was there Gross Negligence?
By Doyice Cotten
This post examines another important issue in the Witkowski v. Niagara Jet Boat Adventures, LLC, 2020 case – Gross Negligence or Ordinary Negligence.
In the jet boat case, the Witkowski’s took a jet boat ride and Sarah Witkowski suffered injury.