Revised State Update on Enforcement of Parental Waivers

By Doyice Cotten

 In September, we ran an article showing which states currently enforce parental waivers. The next week we were told of two recent cases dealing with the subject and in the process of searching for them, found a total of three new relevant cases from three separate states – Maryland, Indiana, and Delaware. Two of the courts enforced the waiver while one did not. We have since posted a summary of each case and this post is a revision of the September summary.

Links

Sport & Recreation Attorneys
Reb Gregg — Adventure Law Attorney

Reb Gregg is a leading attorney, lecturer and writer in legal liability issues for adventure, education and recreation based outdoor programs. Reb Gregg is a licensed attorney in Houston, Texas. He has served as president of the Houston Bar Association and on the Board of Directors of the State Bar of Texas. For the past 15 years Reb has worked primarily with recreation and adventure-based programs and is a leading practitioner,

Are Waivers for Minors Enforceable? An Update!

 

By Doyice J. Cotten

This update is taken from Waivers & Releases of Liability, 8th ed. by Doyice and Mary Cotten. It summarizes the most recent state case law regarding the enforceability of waivers for minors. For those requiring more information, the book has 14 fact-filled pages giving more detail than is possible here.

States that have or do enforce waivers for minor participants

First, waivers signed only by a minor are not enforceable in any state.

Club Polo: Do Relationships Prevent Lawsuits and Make Waivers Unnecessary?

By Corinna Charlton, Charlton Equine Law

Editor’s Note: Thanks to Corinna for this contribution to SportWaiver.com. She is an equine attorney in San Francisco. This article originally ran in her blog, http://ribbonsandredtape.blogspot.com/ on June  7, 2012.

“It’s the Friends that make us Nervous!”

My younger brother Collin (shown in the photo) is a polo superstar; he has gone to numerous interscholastic and intercollegiate national polo finals,

Skateboard Immunity Update

Editor’s Note: We already know that risks abound in sport and recreational activities. There are, however, many defenses available that can serve as protection from liability. A major defense that is sometimes available for providers is immunity. Immunity comes in many forms, but today’s article focuses on immunity that is available for a particular sport – skateboarding. Similar immunity statutes exist in some states for other activities (e.g., snow mobiling, equine activities, sport shooting, outfitters and guides,

Duty and Liability

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?                                                                             

A. You can’t. People can and may sue you, with or without justification. And even the best program can make mistakes which might provoke the lawsuit.

Liability Waivers and Releases: Still the Most Misunderstood Documents in the Horse Industry

Julie I. Fershtman, Attorney at Law gives accurate answers to some important questions about waivers.

Dear Readers:
A few years ago, a major equine magazine interviewed me on the topic of releases of liability (sometimes called “waivers”) that are used in equine-related activities. I have long said that liability waivers and releases are, in my opinion, the most misunderstood documents in the equine industry. To explain this further, I am re-printing a portion of my interview in this article.

Using a Form Contract? Watch Your State Laws

This article was written by Julie I. Fershtman, Attorney at Law (www.equinelaw.net). She offers expert comment on a timely question regarding liability waivers.

Dear Ms. Fershtman:

My friend gave me some form liability releases and boarding contracts. Will they hold up?

– K.B. (No state specified)

My office receives inquiries like this often. Since many people in the horse industry still buy, sell, board, train, lease, or breed horses with nothing in writing,

Why a Waiver May Fail – Public Policy

One of the most common reasons that a waiver fails when challenged in court is that it violates the public policy of the state. Often readers are puzzled by the term “public policy” and ask, “Just what is public policy?” This concept is quite broad and is not easily defined or explained.

Black’s Law Dictionary states that public policy is “… that general and well-settled public opinion relating to man’s plain, palpable duty to his fellowmen,

Liability Waivers 101

What is a waiver and how is it used? Do they work? Why do they fail? How do I write an effective waiver? Get the Answers! Liability waivers, contrary to misconceptions of providers in the past, can be effective in protecting providers from liability for injuries resulting from the negligence of the provider. Waivers are inexpensive to obtain, easy to administer and store, and can help protect providers from the consequences of their own mistakes.