California Waiver Case Examines: 1) Group Waivers, 2) Gross Negligence, and 3) California Civil Code Section 1668
Search Results for: “gross negligence”
Will Waivers Protect Against Liability for Gross Negligence and Other Extreme Actions?
This article was taken from Waivers & Releases of Liability 7th ed. and updated for SportWaiver.com. Click SportWaiver for a limited time special price on the book.
By Doyice Cotten
Waivers are now enforceable and can protect the service provider from liability for ordinary negligence in almost every state.
Sexual Assault: Tennessee YMCA Waiver was Moot, but No Negligence Found
By Doyice Cotten
In Boswell v. YMCA of Middle Tennessee (2019), the plaintiff, Adam Boswell, a health club member, sought damages from the health club based on its alleged failure to protect him from sexual assaults in the locker room by another club member.
Negligence Standard or Recklessness Standard – Which Standard of Care Applies to Injured Spectator of a Snowmobile Race?
By Doyice Cotten
Spectators Tory Baughan and Megan MacNeill were injured while watching a snowmobile “hillclimb” racing event. They were in the designated, but unprotected, spectator area when one of the racers became dismounted from his Polaris snowmobile on his way up the hill.
Is the Word “Negligence” Required for Waivers in New York Courts?
By Doyice Cotten
In 2016, Michelle Kalinkina, a professional model agreed to have a public haircut and styling demonstration. During the haircut, the stylist cut Kalinkina’s neck causing physical injury and scarring. She subsequently sued for damages alleging negligence and gross negligence (Kalinkina v.
“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.
Which States “Require” the Use of the Term “Negligence” in Waivers
Waiver and Indemnity Agreement Upheld for Ordinary Negligence in Massachusetts Triathlon Case
Kentucky Motocross Race Waiver Upheld for Negligence and Willful and Wanton Negligence
Waivers Upheld for Negligence in 3 of 4 Trail Ride Cases in 2013
By Doyice Cotten
Trail rides have been a risky proposition for women in 2013. As can be seen below, a well-written liability waiver for trail rides will provide protection for equine providers from liability for ordinary negligence in most states.