By Doyice Cotten
The enforceability of waivers on the back of tickets is sometimes in question, depending upon the state involved. There are times when such waivers are enforced. One certainly can’t say they are never enforced, however,
By Doyice Cotten
Mikaela Ellenwood and Jorge Casanova sued World Triathlon Corporation, Competitor Group Holdings, Incorporated, and Competitor Group, Inc. for failing to provide refunds for the Rock ‘n’ Roll Marathon Series races and Ironman events that were scheduled to take place in 2020 but were postponed or cancelled due to the global Covid-19 pandemic.
By Doyice Cotten
Ambiguity is one of the most prevalent claims when challenging the enforceability of liability waivers. This post involves a case in which a waiver is claimed to be ambiguous. We focus on the arguments by the plaintiff and the reasoning of the court in addressing the issue.
Marc injured his left foot in October, 2015, while playing in a League flag football game (Marc v Middle Country Ctr. Sch. Dist. 2017 NY Slip Op 51678(U)). He jumped to catch a pass, came down on a concealed sprinkler head,
By Doyice Cotten
Kimberly and James Shields sued RDM, LLC d/b/a Georgia All Stars (GA) for negligence when Kimberly tripped and fell from mats on the floor at an exhibition of participants’ routines for parents to view in the practice area of the gym.
By Doyice Cotten
In Hojnowski v. Vans Skate Park (2006), The New Jersey Supreme Court ruled that parental waivers of liability (those signed by parents on behalf of their minor child) are not enforceable in New Jersey.
By Doyice Cotten
The plaintiff, Rita Lorentz, voluntarily signed a waiver of liability (containing an arbitration clause) when she took her children to a Sky Zone trampoline park. While there, she went to the restroom, slipped in a puddle,
By Doyice Cotten
Nathan Waldschmidt was injured while using the Edge Fitness facilities and filed suit challenging the waiver he had signed previously. He claimed the waiver was ambiguous. In 2018 the Nevada Supreme Court ruled that the waiver signed by the plaintiff was enforceable (Waldschmidt v.
By Doyice Cotten
Contrary to some opinions, All Waivers Are Not Born Equal. Waivers range in length from one sentence to several pages. Some are written specifically for one particular business while others are generic and intended to be used in many situations.
By Doyice Cotten
Sometimes activity providers are reluctant to offer activities to participants with disabilities because they fear possible injury and have doubt as to whether their liability waiver would be enforceable against a person with a disability.