Failure to Name Party Costly
Search Results for: “adventure sport”
What if a Minor Lies about His Age? Is the Waiver enforceable?
By Doyice Cotten
Service providers often ask “Is my waiver still enforceable if a minor lies about his age and signs the waiver?” The answer probably varies considerably depending upon where the incident happens. Remember, waiver law is state law and the law is not the same everywhere.
High Ropes Course Waiver Protects Provider and Builder Under Colorado Law
By Doyice Cotten
In June, 2018, Jodi Sheldon was seriously injured while participating in a high ropes course at the Golden Bell Ranch. She sued Golden Bell Retreat, Cross Bearing Adventures (“CBA”), the company which constructed the course and trained employees,
Creating Your Risk Management Plan
Jim Moss is a practicing attorney specializing in outdoor recreation law; he has the informative website Recreation Law , on which this article was originally published.
Risk Management Plans always sound good; but,
Niagara Jet Boat: Was there Gross Negligence?
By Doyice Cotten
This post examines another important issue in the Witkowski v. Niagara Jet Boat Adventures, LLC, 2020 case – Gross Negligence or Ordinary Negligence.
In the jet boat case, the Witkowski’s took a jet boat ride and Sarah Witkowski suffered injury.
Niagara Jet Boat Accident Pits Maritime Law vs. New York State Law
By Doyice Cotten
In 2016, Sarah Witkowski and her husband, Scott, were passengers on a jet boat operated by Niagara Jet Adventures, LLC, (“Niagara Jet”) when she suffered injury. They sued alleging negligence or willful and reckless conduct.
Most Waivers Are Adhesion Contracts – So What?
By Doyice Cotten
There is much confusion and misinformation about adhesion contracts as they relate to the enforceability of liability waivers in recreation, fitness, and sport activities. There is a common misconception that adhesion contracts are against public policy and subsequently unenforceable.
Should the Specific Risks of the Activity Be Listed in the Waiver?
By Doyice Cotten
A 2018 New Mexico rappelling case (Dominguez v. United States, 2018) illustrates clearly why it is important that waivers warn the signing client of the risks faced in the activity.
Sarah Dominguez,
Niagara Jet Boat Patron Challenges Waiver on Negligence, Violation of a Safety Statute, Breaching a Condition of a Contract, and Gross Negligence
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.
Hot Air Balloons: Is a Balloon a Common Carrier in California?
By Doyice Cotten
The issue as to whether an activity or mode of transportation is a common carrier can determine the duty owed to passengers. A recent California case (Grotheer v. Escape Adventures,