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.,

You Be the Judge – Test your Liability Knowledge

By Doyice Cotten

Occasionally, we offer the reader an opportunity to test his or her liability judgment. Take a few minutes and check this waiver and see if you think it protected the defendant health club from liability for negligence (Hoffner v. Fitness Xpress, 2016).

Situation

Charlotte Hoffner had been a member of Fitness Xpress, a health club in Michigan, for about two weeks when she slipped and fell on ice on the sidewalk in front of the club.

“Negligence or Otherwise” Language Questioned in New Jersey Health Club Case

By Doyice Cotten

Jenna Sauro, a New Jersey resident, filed a class action lawsuit against L.A. Fitness International, LLC. (Sauro v. L.A. Fitness International, Inc., 2013 U.S. Dist. LEXIS 58144). She made many allegations including that the contract violated three New Jersey statutes. One of the claims made by the plaintiff included the allegation that the waiver attempted to waive liability for intentional conduct, recklessness, and gross negligence.

This claim arose from language in the waiver:

 Member hereby releases and holds L.A.

Summary of State Agritourism Statutes

By Doyice Cotten

In recent years, many states have added statutes providing liability protection for landowners making their agricultural land available for the purposes of agritourism. Currently (June, 2016), the author has found agritourism statutes in 22 states. The statutes vary considerably among states, as can be seen from examining the following table.

Interpreting the Table

First, the column headed Limits Liability for … (column 3) shows that almost all specify protection for injuries resulting from the inherent risks.

We Know Delta and Greyhound are Common Carriers … But is a Zipline a Common Carrier in Illinois?

By Doyice Cotten

April Dodge was a paying customer of Grafton Zipline Adventures when the braking system failed causing April to collide with a tree and suffer injury. She sued alleging that Grafton was negligent. Grafton claimed protection from the liability waiver signed by April prior to participation to which the plaintiff asserted that the waiver was unenforceable because Grafton is a common carrier and cannot exempt itself from liability for its negligence (Dodge v. Grafton Zipline Adventures,

Regular Inspections, and Complete Records!! A MUST for Health Clubs . . .

By Doyice Cotten

In Chavez v. 24 Hour Fitness USA, Inc. (2015), Stacey Chavez was injured when the back panel of a “FreeMotion” cable crossover machine (“cross trainer”) struck her in the head. She subsequently filed suit. The machine was still in service despite a missing bracket and missing magnetic strips that were to secure the back panel.

24 Hour Fitness claimed it was not liable because she had signed a waiver of liability – a complete defense against negligence claims.