Search Results for: “gross negligence”

Redacted Waivers in New York Help Protect

By Doyice Cotten

New York’s highest court has stated that disclaimers or releases of liability are looked upon with disfavor; however, absent conflict with statute or public policy, courts will enforce such contracts (Gross v. Sweet, 1979).  Factors used in determining enforcement include: 1) intent of the parties, 2) clearness and comprehensibility of the language, 3) parties’ awareness of the agreement, and 4) the frequency with which the releases appear in the type of transaction under consideration.

Court Makes Clear the Texas Waiver Law

By Doyice Cotten

Note: This is a common negligence suit in which the defendant claims protection from a waiver of liability. Seldom do courts describe state waiver law so clearly.

Kimberly Ramirez , while a member of 24 Hour Fitness USA, Inc, slipped and fell when she stepped into a puddle of water on the floor (Ramirez v. 24 Hour Fitness USA, Inc., 2013 U.S. Dist. LEXIS 69451).

Effect of Waiver in Ohio Cheerleader Case

By Doyice Cotten

In a recent case (Wolfe v. AmeriCheer, Inc., 2012 Ohio App. LEXIS 827), a 13 year- old cheerleader suffered a spinal compression injury when a fellow cheerleader fell on her during the execution of a stunt. Only one of the three spotters was in proper position on the mat when she fell. Wolfe’s mother had signed a waiver releasing AmeriCheer from liability.

The trial court enforced the waiver ruling that the waiver protected against negligence claims (Ohio being one of the states in which parental waivers are enforced).

NY GOL 5-326 and Apartment Building Gyms

By

Doyice Cotten and Mary Cotten

In Roer v. 150 West End Avenue Owners Corp. (2010 N.Y. Misc. LEXIS 6353), Jason Roer brought action seeking damages for personal injuries sustained in the basement gym of the apartment building where he and his wife reside. While exercising on a treadmill in the gym, he was caused to fall and suffer injury when a loose exercise ball was pulled beneath the belt of his treadmill. He had signed a waiver intended to relieve management of liability for negligence contained in his gym membership contract.

Expert Determines that Post was too Near Sideline

This case discussion,  provided by Dr. Leonard K. Lucenko –  a sports and recreational facilities safety expert, clearly illustrates the crucial role of the expert witness in negligence cases. He has a PhD and is an experienced expert witness having consulted for more than 20 years for defendants and plaintiffs in over 300 cases in education, sport, recreation and camp management.Dr. Lucenko’s web site is: www.leonardlucenko.com.

Case Facts:

On October 6,