Bicycle Racer Killed in Collision with Support Vehicle Parked in the Traffic Lane

By Doyice Cotten

Suzanne Rivera competed in a bicycling race organized by Velo Promo, LLC and USA Cycling, Inc. During the race, she struck a support van  parked in the lane of the road designated for the cyclists on a downhill, curved section of the course. She was killed. The heirs sued defendants Velo Promo, USA Cycling and Richard Ciccarelli (the driver of the support van) alleging negligence (and gross negligence).(Rivera v. Velo Promo,

Risk Management Failures in Massachusetts YMCA Result in Death

By Doyice Cotten

Reminder: There is a new Fitness Law Academy Newsletter designed specifically for fitness professionals. It is written by Dr. JoAnn Eickhoff-Shemek, a fitness industry authority. And the best news of all —  its FREE!.    Click here for your free subscription!   djc

The last post dealt with a risk management failure resulting in quadriplegia. This post also involves abysmal risk management – this time resulting in the death of a 62-year-old man (Miller v.

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

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. Womens’ Flat Track Roller Derby Association, 2017 Mich. App. LEXIS 1525).

Budros had purchased WFTDA insurance before skating; the policy included a waiver of liability. The Traverse City Roller Derby (TCRD) athletic director showed Budros around the track prior to the drill.

Adhesionary Contracts or Unconscionable Contracts: Are They Enforceable?

By Doyice Cotten

A recent New York waiver case (Lobell v. Youtube, LLC and Google, Inc., 2017 U.S. Dist. LEXIS 127327) involved the allegation that a waiver was not enforceable because it was both an adhesionary contract and an unconscionable contract. The U.S. District Court for the Southern District of New York examined the issue in light of California law (as called for by the provisions of the contract).

Adhesionary Contract

The court defined an adhesionary contract as “a standardized contract,

Is the Business Liable for Falls in the Parking Lot?

By Doyice Cotten

Jade Kindermann was carrying her 22-month old son when she tripped over uneven pavement in the parking lot of the Lifetime Fitness Center (LTF Club Operations Company). Jade was unhurt, but her son suffered serious injuries when she landed on him. Jade sued the owner of the facility on her son’s behalf, alleging negligence and premises liability under state law.

Business owners sometimes forget that they may be held liable for injuries occurring on their sidewalks,

Assumption of Risk Determines Ruling in a Washington Tubing Case

By Doyice Cotten

This case has some similarities to the Swigart v. Bruno California case in last week’s post.  Each case was determined by an assumption of risk and not by a waiver of liability.

Pellham participated in an inner tube float in which his tube struck a fallen log in the water. The plaintiff sued the rental company claiming that the defendants owed him a duty to warn about a fallen log in the river and for gross negligence (Pellham v.

Indemnification Tips (Revisited)

We are revisiting five of Reb Gregg’s previous posts on Sportwaiver.com. Nothing has changed since the article was originally posted. It provides important information for the service provider.

Doyice

is was written by Charles “Reb” Gregg in September, 2006. Mr. Gregg provides some invaluable information regarding indemnification agreements. Mr. Gregg is a practicing attorney in Houston, Texas specializing in adventure law and may be reached at 800 Bering Drive, Suite 100,

Duty and Liability (Revisited)

We are revisiting five of Reb Gregg’s previous posts on Sportwaiver.com. Nothing has changed since the article was originally posted. It provides important information for the service provider.

Doyice

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?                                                                             

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

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. He fell from the wall and was seriously injured. Subsequently, he filed suit claiming the waiver of liability of ordinary negligence he signed was not applicable because LTF was guilty of gross negligence.

Provider’s Cavalier Attitude toward Safety and Risk Management Proves Costly

By Doyice Cotten  

Two major problems with liability waivers are that they are sometimes misunderstood and misused by owners or managers of sport businesses. First, some sport managers think that a liability waiver provides total protection against lawsuits for injury. They think they are completely protected against loss. But waivers do not always work! Sometimes there are statutes prohibiting their use (e.g., G.O.L 5-326 in NY prohibiting waivers when there is an entry fee). Sometimes the waiver is poorly written (e.g.,