Some Waivers Are Enforceable in New York State!

By Doyice Cotten

      The dominant statute in New York waiver law is G.O.L. Sec. 5-326. The statute deems waivers void as against public policy under specific circumstances.  The General Obligations Law provides:

[e]very covenant, agreement or understanding in or in connection with, or collateral to, any contract, membership application, ticket of admission or similar writing, entered into between the owner or operator of any pool, gymnasium, place of amusement or recreation or similar establishment and the user of such facilities,

Liability Releases and Waivers in North Carolina – Part 3

By Rick Conner
 Part 3 of 3

Rick Conner is an attorney with McGuireWoods in Charlotte, N.C.  This is an excellent summary of North Carolina waiver law, originally published in 2008. Thanks to Rick for granting permission for this reprinting. DC

 Tips for Making Releases and Waivers Enforceable
 1. Avoid ambiguity.

Remember that releases and waivers are not favored by courts and will be strictly construed against the party seeking to enforce them.

Liability Releases and Waivers in North Carolina – Part 2

By Rick Conner
Part 2 of 3

 

Rick Conner is an attorney with McGuireWoods in Charlotte, N.C.  This is an excellent summary of North Carolina waiver law, originally published in 2008. Thanks to Rick for granting permission for this reprinting. Part 3 will appear next week. DC

The Public Interest Exception

The Supreme Court of North Carolina has held that “a party cannot protect himself by contract against liability for negligence in the performance of a duty of public service,

Liability Releases and Waivers in North Carolina – Part 1

By Rick Conner
Part 1 of 3

Rick Conner is an attorney with McGuireWoods in Charlotte, N.C. This is an excellent summary of North Carolina waiver law, originally published in 2008. Thanks to Rick for granting permission for this reprinting. Parts 2 and 3 will appear over the next two weeks. DC

Imagine this – you have front row seats to watch the Charlotte Bobcats play the Phoenix Suns. You have an unbeatable view of the action – so close that you are able to strike up a conversation with Gerald Wallace during warm-ups.

Minnesota passes language requirement for liability waivers

By Allison Eklund

Thanks to Allison for permission to republish her informative article –  © 2013 Eklund Law, PC.  

As the dust settled from the Minnesota State Legislature’s spring session, a new statute passed affecting language in liability waivers caused some ripples through the equine insurance industry but didn’t attract headline news.

Most equine businesses offering riding instruction, carriage rides, or other services are familiar with liability waivers. 

Update on Whether the Word “Negligence” is Required in Florida Waivers

By Doyice Cotten

In a November, 2012 post, Florida Waiver Law: Must the Waiver Include the Term “Negligence?”, we learned that for a waiver to be enforceable, the term “negligence,” or its equivalent must be included in a waiver in all Florida districts except the 5th. In an August 16, 2013, case, the Fifth District Court of Appeals provided more information regarding Florida law (UCF Athletics Association, Inc. v. Plancher,

Is Hazing a Crime in Your State? Check Out this Anti-Hazing Website

By Doyice Cotten

Any risk management program should give attention to the prevention of hazing. This traditional, seemingly harmless activity is in the news almost every day: New hazing exposed; A trial commences; Teachers fired; Children killed, seriously injured, or psychologically damaged. But many in positions of authority allow this dangerous tradition to continue.

Well, such people should be aware that hazing is no longer something to chuckle about. No longer can they safely ignore hazing or criticize the kid who complains.

Drafting Waiver Agreements for Use in Wisconsin: It’s Not Getting Any Easier

Alexander (Sandie) Pendleton

Kohner, Mann & Kailas, S.C.

The Wisconsin Court of Appeals has issued a decision that has implications for all businesses and organizations that use waiver agreements in Wisconsin.  In Brooten v. Hickok Rehabilation Services (issued April 30, 2013, recommended for publication), the court of appeals held void a waiver agreement that had been signed by an individual who joined a health club,

Legislative Alert: New Proposed Minnesota Bills Would Void Waiver Agreements

By Alexander “Sandie” Pendleton of KMK

This article was originally published on ReleaseLaw.com.

Bills are advancing in both chambers of the Minnesota legislature which if adopted, would render liability waivers void in many settings. Because both chambers of the Minnesota legislature and the executive branch are controlled by the Democratic Farm Labor Party, there is a good chance that some version of these bills will be enacted. If enacted,