N.C. Law Regarding Enforcement of Waivers of Liability

 By Doyice Cotten

This case (McMurray v. United States of America, 2012 U. S. Dist.  LEXIS 176608) involved a government vehicle accident in which a passenger was injured when the U.S. Marine driver ran a red light. While this is not specifically sport-related, it is pertinent to the enforcement of waivers in North Carolina.

Debra McMurray was returning from a Marine Corps seminar when she was injured. The issue was the enforceability of a waiver that McMurray signed before the accident;

A Look at Mississippi Waiver Law

By Doyice Cotten

Mississippi waiver law is not crystal clear in spite of several Supreme Court of Mississippi rulings. Some major considerations are addressed in the following.

Quinn v. Mississippi State University (1998)

An important liability waiver case addressed by the Mississippi Supreme Court (Quinn v. Mississippi State University, 1998) involved a 12-year-old baseball player at a summer baseball camp. The father and the boy signed a pre-printed liability waiver.

A Cursory Look at Illinois Waiver Law

By Doyice Cotten

Note: This posting is not intended to provide a comprehensive presentation on Illinois waiver law, but rather to offer the reader a brief look at what some of the courts have said about waivers and their enforcement.

Contracts

Illinois courts construe contracts to give effect to the intention of the parties as expressed in the language of the agreement. Illinois law construes contracts as a whole, and generally disallows extrinsic evidence unless an ambiguity exists within the contract’s four corners (Platt v.

A Cursory Look at California Waiver Law

By Doyice Cotten

Note: This posting is not intended to provide an comprehensive presentation on California waiver law, but rather to offer the reader a brief look at what some of the courts have said about waivers and their enforcement.

Requirements

“California courts require a high degree of clarity and specificity in a release in order to find that it relieves a party from liability for its own negligence.” (Cohen v.

Health Club Case Sheds Light on Puerto Rico Waiver Law

By Doyice Cotten

Kelvin Lugo lost part of his index finger while returning a dumbbell to the rack as another dumbbell shifted and rolled onto his finger.  He sued alleging negligence on the part of Health Club of America (HCA). Among the defenses offered by HCA was the fact that Lugo had signed the following waiver intended to release the club from liability:

Millenium Fitness Management Urges all members to Obtain a physical examination From their physicians prior to the use of any exercise equipment or attendance in any exercise class .

New Minnesota Law Voids Some, But Not All, Waivers

Alexander T. Pendleton, Kohner, Mann & Kailas, S.C.

An attempt by a group of Minnesota legislators to amend Minnesota law so as to void all waiver-of-liability agreements has failed.  Instead, the legislature adopted a bill that provides that any agreement between parties for a “consumer service” (including a recreational activity), which agreement purports to waive or release liability resulting from conduct that constitutes “greater than ordinary negligence,” is against public policy, and is therefore void and unenforceable.

State Waiver Laws Differ: An Illustration

By Doyice Cotten

Just this week I was told by a health club employee that “Waivers are not worth the paper they are written on.” I had not heard that bit of erroneous information in some time; most sport, recreation, and fitness professionals today have at least a general idea that waivers can be effective in protecting an enterprise from liability for injuries.

The fact is that in at least 45 states, a well-written waiver signed by a assenting adult can effectively protect an activity provider from liability for injuries resulting from the ordinary negligence of the activity provider.

Resorts, Tours, and Agency Law

By Doyice Cotten

It is common practice for hotels and resorts around the world to offer optional tours to guests through activity providers. These types of tours include such activities as snorkeling, nature tours, tubing, sightseeing, and any number of other activities. It is not uncommon for a guest to be injured on such tours and seek compensation from the hotel/resort. Whether the injured guest wins or not depends upon the relationship between the hotel/resort and the activity provider – whether the provider is an agent of the hotel/resort or is an independent contractor operating on its own.

News Flash: Parental Waiver Enforced in Delaware

By Doyice Cotten

Jahndee Hong and her husband joined an athletic club and signed a liability waiver. In addition to the names of her and her husband,  the membership listed the names of all three of their children. Subsequently, she left her child playing on the indoor playground equipment at the club. He fell from a piece of equipment and broke his arm.

She filed suit alleging negligence by the club.( Hong v. Hockessin Athletic Club,

A Look at Florida Waiver Law!

This is a well-researched article pointing out some important aspects of Florida waiver law. Thanks to Nina Conte for allowing SportWaiver.com to publish this article. Nina received her law degree from Florida International and is an associate with Cole, Scott, and Kissane P.A. The article originally appeared on the firm website.  As you read the article, note that Florida is one of the few states that will enforce waivers for gross negligence. Also, note the care that must be taken in preparing a waiver in Florida.