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Search Results for: “gross negligence”

Do Texas Courts Enforce Waivers for Gross Negligence?

September 18, 2018

By Doyice Cotten

Last week’s post, Court in Texas Trampoline Park Case Enforces Waiver for Gross Negligence, involved an occasion when a Texas Appellate court did enforce a waiver for gross negligence. But, when one looks at previous court rulings,

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Court in Texas Trampoline Park Case Enforces Waiver for Gross Negligence

September 11, 2018

By Doyice Cotten

Graciela Quiroz and her sixteen-year-old son went to Jumpstreet for trampolining. Before jumping, she signed a pre-injury waiver of liability “Jumpstreet, LLC Release and Parent/Guardian Waiver of Liability and Assumption of Risk.” After signing the waiver,

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Niagara Jet Boat Patron Challenges Waiver on Negligence, Violation of a Safety Statute, Breaching a Condition of a Contract, and Gross Negligence

August 21, 2018

By Doyice Cotten

Scott and Sarah Witkowski and their son rode a Niagara Jet Adventures(referred to as Niagara) jet boat after having signed a waiver of liability. The boat hit a large wave throwing Scott and the son into Sarah causing injury. 

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Michigan Court Explains Distinction between Negligence & Gross Negligence in Roller Derby Case

January 23, 2018

By Doyice Cotten

Elizabeth Dudros was injured when she struck a wall located only five feet from the roller derby track during a non-contact drill. She had to swerve to avoid a pile-up causing her to strike the wall (Budros v.

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Check Your LIABILITY IQ: Was it Ordinary Negligence or Gross Negligence in Climbing Wall Case?

May 2, 2017

By Doyice Cotten

In a Michigan rock wall climbing injury case (Alvarez v. LTF Club Operations Company Inc., 2016), the plaintiff had climbed the wall and started to belay down when his harness broke because he had it on backwards and incorrectly hooked to the belay system.

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Indiana Waiver Law as to Gross Negligence

September 13, 2016

By Doyice Cotten

Indiana law regarding waivers and extreme forms of negligence (gross negligence, reckless conduct, willful/wanton conduct and intentional acts) was addressed in Sportsdrome Speedway, Inc. v. Clark (2016 Ind. App. Unpub. LEXIS 363).

In this case,

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Michigan Waiver Case Examines Ordinary vs. Gross Negligence When the Steering Wheel Comes Off a Racecar

March 10, 2015

By Doyice Cotten

Michigan courts have consistently ruled that a liability waiver can insulate a defendant against ordinary negligence. Likewise they have on many occasions held that such a release cannot protect a party against gross negligence or willful and wanton misconduct.

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Missouri Supreme Court Provides an Interesting Ruling Regarding a Gross Negligence and Reckless Disregard Claim

January 13, 2015

By Doyice Cotten
Cynthia DeCormier signed up for a motorcycle training course, signed a liability waiver, and attended the course. On the day of the course there was rain, drizzle, snow, and mist; there was also ice on the pavement.

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D.C. Court Rules on Opportunity to Negotiate, Gross Negligence/Recklessness, and Lack of Consideration

May 20, 2014

By Doyice J. Cotten

In a case  in which a client was injured on a Segway[1] tour, the U.S. District Court for the District of Columbia addressed several aspects of waiver law in the District of Columbia.

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Michigan “Warrior Dash” Waiver Protects Against Negligence (But Not Gross Negligence or W/W Misconduct)

February 4, 2014

By Doyice Cotten

This is the first case encountered by the author that has resulted from one of the popular adventure-obstacle races such as Spartan Race and Tough Mudder. Here, the waiver used for Warrior Dash is challenged.

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DISCLAIMER: The information on this website is intended as accurate and authoritative educational material relative to liability waivers and risk management in sport, recreation, and fitness activities. It is made available with the understanding that the authors and contributors are not engaged in rendering legal advice. Readers requiring legal advice should consult an attorney who is competent in this area. The authors and contributors do not guarantee the accuracy of information presented herein, nor do they guarantee the effectiveness of waivers, releases, or other documents developed based upon information presented.
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