Understanding Negligence and Liability: “Causes of Injury” (Part 3)

By Doyice Cotten

In Parts 1 and 2 of this series, we addressed the issue of negligence. This post presents explains that there are 3 causes of injury and the possible liability associated with each.

Injury and risk may be placed into three categories. These categories are 1) inherent risks, 2) risks arising from negligent behavior of the provider, and 3) risks arising from extreme or aggravated provider behavior that goes beyond ordinary negligence.

Are Waivers for Minors Enforceable? An Update!

 

By Doyice J. Cotten

This update is taken from Waivers & Releases of Liability, 8th ed. by Doyice and Mary Cotten. It summarizes the most recent state case law regarding the enforceability of waivers for minors. For those requiring more information, the book has 14 fact-filled pages giving more detail than is possible here.

States that have or do enforce waivers for minor participants

First, waivers signed only by a minor are not enforceable in any state.

Will Waivers Protect Against Liability for Gross Negligence and Other Extreme Actions?

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. However, courts in most states generally hold that waivers intended to protect against gross negligence, reckless conduct, willful or wanton conduct, and intentional acts are against public policy. 

Avoiding Ambiguity in a Waiver

By Doyice Cotten

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.

Courts in most states have ruled that to be enforceable, a waiver must clearly and unambiguously express the intent of the client to relieve the provider from liability for its negligence. Ambiguity is defined as doubtfulness, or doubleness of meaning and is said to exist when reasonable persons can find different meanings in the language.

Duty and Liability

by Charles R. Gregg

Readers will find that this to be an informative legal liability article. “Reb” Gregg is one of the nation’s top adventure law attorneys. This article originally appeared on Reb’s website.

Q. How do I run a good program without being sued?                                                                             

A. You can’t. People can and may sue you, with or without justification. And even the best program can make mistakes which might provoke the lawsuit.

Electronic Waivers – More Cases

By Doyice Cotten and Mary Cotten

We have previously addressed the question “Do online electronic waivers work?” (see Online Waiver Agreements: Not Worth the Paper They’re (Not) Written On?, Online Waivers/Electronic Signatures in NY,  and Waivers: Do Electronic Signatures Work?). There have been at least three recent cases addressing the issue.

Two Florida cases addressed the issue. In Hinely v. Florida Motorcycle Training, Inc. (2011 Fla.

Alert to Non-Profit Organizations!

The following article by Alexander “Sandie” Pendleton sounds an alarm to many non-profit organizations including those related to sport and recreation. Many are not aware of the new regulation requiring an annual filing by all non-profit organizations. Failure to comply will prove costly.  Go to http://www.irs.gov/charities/article/0%2C%2Cid=225889%2C00.html to find out if yours is in jeopardy.

Many Non-Profit Sports Organizations in Danger of Losing Tax-Exempt Status

By Alexander “Sandie” Pendleton

According to the Internal Revenue Service,

Waivers & Releases of Liability

Newly Released9th Edition, by Mary B. Cotten & Doyice J. Cotten
Totally revised and updated. New Steps for Writing Waivers, State Waiver Law updated w/ summary, State Waiver Law for Minor Clients, and more. Based on more than 14 00 waiver cases. Needed by Sport, Recreation, & Fitness Professionals, Practicing Attorneys, & Sport / Recreation Law Professors.