By Doyice Cotten
It is not surprising that sport and recreation managers are confused by the difference between ordinary negligence and gross negligence because sometimes attorneys and judges also face this problem. It is exasperated by the fact that the definitions vary from state to state.
JoAnn M. Eickhoff-Shemek, Ph.D., FACSM
President, Fitness Law Academy, LLC
Professor Emeritus, Exercise Science, University of South Florida
This following article was first published in the Fitness Law Academy’s newsletter in January 2021.
JoAnn M. Eickhoff-Shemek, Ph.D., FACSM
President, Fitness Law Academy, LLC
Professor Emeritus, Exercise Science, University of South Florida
This following article was first published in the Fitness Law Academy’s newsletter in January 2021.
By Doyice Cotten
In contract law, it is generally considered manifestly unfair if a stronger party has an advantage in bargaining power over a weaker party. Thus, a court may intervene by setting aside or modifying the contract to restore equity.
By Doyice Cotten
Thousands of agreements which waive the liability of sport, recreation, and fitness providers are utilized each day; but not all waivers look alike. There are at least four commonly used formats for liability protection. Each format has advantages and disadvantages —
By Doyice Cotten
Lawsuits against health clubs are abundant – with dozens each year. There are many allegations in such suits ranging from failure to supervise, to employing uncertified personnel, to bad judgment of personal trainers, and many more causes of injury.
By Doyice Cotten
It is well-established that the common law imposes a duty of care on business owners to maintain safe premises for their business invitees (clients, customers, or potential clients). Visitors to a place of business generally fall into one of three categories and in most states,
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.
by Doyice Cotten
The Longview News-Journal recently reported on life-saving measures taken by quick-reacting athletes and trainers when the track and field coach collapsed on the field. Once again, quick thinking, coupled with the availability of an AED,
By Doyice Cotten
Plaintiffs often allege both negligence and gross negligence when injured and seeking redress. New Jersey law generally holds that “contracting parties are afforded the liberty to bind themselves as they see fit.” Waivers of provider negligence,