Waiver Clearly Specifying Risks Enforced in NY Case

By Doyice Cotten

Last Week’s Post (Admiralty Law Trumps GOL 5-326 Statute in NY Jet Boat Waiver Case) focused on fact that federal admiralty law supersede  state law (including New York’s G.O.L. 5-326. We look at this case again (Brozyna v. Niagara Gorge Jetboating, LTD., 2011 U.S. Dist. LEXIS 111546) focusing this time on the language of the waiver and other risk management steps taken by the provider.Courts in many states require that the waiver language warn the signer of the inherent risks of the activity involved.

Admiralty Law: How does it Relate to Recreation Waivers?

 By Doyice Cotten

Black’s Law Dictionary defines Admiralty law (also called Maritime Law) as “that system of law that particularly relates to marine commerce and navigation, to business transacted at sea or relating to navigation, to ships and shipping, to seamen, to the transportation of persons and property by sea, and to marine affairs generally.”

One might ask “What does admiralty law have to do with sport, recreation, and fitness liability waivers?” It is important to understand that admiralty law applies to activities on any navigable waterway (e.g.,

Oregon Supreme Court Rules on Enforceability of Liability Waivers

By Doyice Cotten

Author’s Note: It is rare that a court clearly defines and explains waiver law in a state. The Oregon Supreme Court made an effort to explain both the law and their reasoning; and, unlike many courts, explained the law in an understandable manner. The reader is urged to read the entire case. Much can be learned from the opinion.   From the opinion, it would seem that the Oregon Supreme Court is moving closer to the restrictive stances held by courts in Wisconsin,

NY Motocross Waiver Fails to Protect Because of GOL 5-326

By Doyice Cotten

Pablo Torres, an experienced motocross rider, signed a waiver, paid a fee to enter a race, participated in a motocross race, fell when his cycle was bumped from behind, and suffered an injury when he struck a hard object not far from the track.

Apparently, the management had put in a sprinkler system near the track, leaving an exposed PVC pipe. This was denied by management, but a witness said he saw it.

“Snow Cases”: PART III – Waivers Enforced in Skiing and Snow Boarding Cases

By Doyice Cotten

Five “Snow” cases have been presented in the previous two posts. Two more will be examined in this post.

Bagley v. Mt. Bachelor, Inc. (2013) – Colorado

This case was discussed in some detail in the February 11, 2013 post entitled “Oregon Addresses a Parental Waiver for the First Time.” The case involved a minor who reached the age of majority shortly after his father signed a liability waiver enabling him to snowboard on Mt.

Oregon Addresses a Parental Waiver for the First Time

By Doyice Cotten

Prior to this case, Oregon was one of about 20 states in which the courts had not ruled on the enforceability of parental waivers in a recreational setting. In Bagley v. Mt. Bachelor, Inc. (2013), Myles Bagley’s father signed a waiver and indemnity agreement on behalf of his son so that the 17 year-old, an expert snowboarder, could purchase a season pass to Mt. Bachelor. The waiver was signed two weeks before Myles’ 18th birthday.

Wisconsin Court Enforces Ski Park’s Waiver

By Alexander “Sandie” Pendleton

of Pendleton Legal, S.C.

This article was originally published on ReleaseLaw.com. The author, Alexander “Sandie” Pendleton, frequently speaks and writes on recreational legal risk-management issues. Sandie, a regular and valued contributor to Sportwaiver.com has recently started his own firm. We wish him success.

 

In a decision issued September 11, 2013, a Wisconsin trial court has enforced a ski park’s waiver. The case is significant,

Do You Kayak, Canoe, Swim, Dive, or Participate in Cold Water Activities? You Should Know About This Website!

By Doyice Cotten

I was recently introduced to the website coldwatersafety.org. I am the fartherest thing from an expert on cold water safety, however this website provides a lot of information that anyone who participates in or leads groups in cold water activities should know about.

Moulton Avery, Founder and Director of the National Center for Cold Water Safety kindly let me know about the site and gave me permission to tell you about the site.

Waiver Protects Tennessee Motorcycle Safety School from Loss

By Doyice Cotten

Ruth Maxwell, a 58-year-old Tennessee resident, saw an ad for a motor scooter convention and decided it would be a fun and economical way to travel to and from work.(Maxwell v. Motorcycle Safety Foundation, Inc., 2013 Tenn. App. LEXIS 52)  She decided to enroll in a class to learn how to operate a motor scooter safely and signed up for a course with the defendant Mid Tenn Motorcycle Education Center, Inc (MTMEC).

Absence of Risk Management Results in Death

By Doyice Cotten

Occasionally an injury or death occurs in a recreation or sport setting that really emphasizes the need of ongoing risk management. A recent lawsuit resulting from a kayaking death reported on AthleticBusiness.com presents a situation from which risk managers and sport managers can learn.

Christopher Gormley, an 18 year-old college student, died from hypothermia after his kayak tipped over in frigid waters while on a group trip. According to the lawsuit,