Updating Parental Waiver Law — Part II

By Doyice Cotten

Several court rulings as well as a new statute have affected the parental waiver landscape recently. Three states were discussed in an article posted last week. Here, we will address recent cases affecting parental waiver law in Alabama, Texas, and Pennsylvania. Parental waiver law for all states is covered in depth in Waivers & Releases of Liability, 7th ed.

Alabama

J.T., a minor, was injured while riding his motorcycle on a motocross course at Monster Mountain MX Park.

Updating Parental Waiver Law — Part I

By Doyice Cotten

Several court rulings as well as a new statute have affected the parental waiver landscape recently. The purpose of this two-part article is to bring you up-to-date on changes in the law. Three states are discussed below and Alabama, Texas, and Pennsylvania will be covered next week. Parental waiver law for all states is covered in depth in Waivers & Releases of Liability, 7th ed.

Iowa

The Iowa Supreme Court has recently clarified parental waiver law in Iowa (Galloway v.

Parental Equine Waivers Are Enforceable in Utah

By Doyice Cotten

Utah law regarding the enforcement of parental waivers has been clearly established since the Hawkins v. Peart Utah Supreme Court decision in 2001. The Court ruled that it was against public policy for a parent to release the prospective negligence claim prior to or after an injury.

In a 2013 case (Penunuri v. Sundance Partners, LTD), however, the Utah Supreme Court examined the Utah Equine Statute passed in 2003.

COVID-19 – Liability Insurance – and Waivers!

By Doyice Cotten

No one needs reminding of the national emergency relating to COVID-19 and the problems it has brought. Many providers of sport, recreation, and fitness activities are worrying about their liability in this situation.

In terms of risk management, most utilize two major tools to protect their business or organization from undue financial risk – these tools are liability insurance and liability waivers. Unfortunately, many are finding that their insurance does not cover communicable diseases and are taking a look at their waiver and wondering if it will protect them.

Hanrahan-Fox v. Top Gun Shooting Sports (2019): A Look at Missouri Waiver Law

By Doyice Cotten

Marie Hanrahan-Fox, after patronizing the shooting range operated by Defendant Top Gun Shooting Sports, alleged that she suffered irreversible hearing loss due to the inadequate hearing protection provided her by Top Gun.  She claimed that Top Gun was negligent; in addition, her husband made a claim for loss of consortium.  They also made a products liability claim against Pyramex Safety Products, LLC, which was not before this court.

Top Gun moved for Summary Judgment based on the waiver signed by the plaintiff. 

A Perfect Electronic Waiver will not Protect if the Provider cannot Authenticate the Electronic Signature

By Doyice Cotten

In several previous posts (including Established Protocol for Administering an Electronic Waiver Protects Fair when Participant is Killed), this author has commented on how the validity of electronic waivers is dependent upon following procedures by which the electronic signature of the participant can be shown to be authentic.

Facts of the Case

In each of the articles, cases in which the electronic waiver has been enforced are reported.

Online Waivers: Some Mistakes to Avoid

Alexander “Sandie” Pendleton is an attorney in Milwaukee, Wisconsin, who helps recreational opportunity providers create and properly deploy precisely-crafted waiver and other agreements. He can be reached at [email protected].

 

By Alexander “Sandie” Pendleton

Forgoing the traditional signed paper waiver agreement, and using instead an online or electronic waiver agreement, is becoming very common, and courts in several states have enforced such waiver agreements.

Apparent Authority: Know Who is Signing the Waiver

By Doyice Cotten

Tony Coleman sued Otese, Ltd. (d/b/a Texas Raceway) for injuries he sustained at a drag strip owned by  Otese (Coleman v. Otese, Ltd, 2020). He claimed there was excessive oil on the racetrack.  The trial court granted summary judgment to the defense, in part based on the waiver signed by Coleman.

Coleman appealed making several arguments – one of which was that he had not signed the waiver.

Waiver Fails for Virgin Islands Excursion Company

Circumstances of the Case

While their cruise ship was at St. Thomas, Katherine and Jamie Leach, along with about 20 other passengers, went on a day excursion operated by defendant Cruise Ship Excursions (CSE) aboard a 53-foot catamaran sailing from St. Thomas to St. John and back.

While boarding, the captain informed the passengers of the schedule and location of the life preservers.  While the boat was departing, the crew passed around to passengers a clip board which contained a purported waiver and release.

The Pennsylvania Supreme Court Rules that Waiver is Unenforceable in Wrongful Death Triathlon Case

By Doyice Cotten

Notice of Error: The ruling was erroneously reported in this post. The Pennsylvania Supreme Court ruled that the waiver was enforceable.

Derek Valentino drowned during the swimming leg of the Philadelphia Triathlon in 2010 (Valentino v. Philadelphia Triathlon, LLC., 2019). A wrongful death suit was filed by his children alleging negligence, gross negligence, outrageous acts, and recklessness. The trial court disallowed all except the claim of ordinary negligence.

The defense claimed protection against negligence based on the waiver and release of liability signed by Derek prior to the race.