Releases and Related Issues: Revisited (Part 1)

By Charles R. Gregg and Catherine Hansen-Stamp ©2012*

I am pleased to be able to run this great article on waivers and releases by two of the leading adventure law attorneys. I am breaking it into two parts which will run in consecutive weeks. It is Reprinted from The CampLine by permission of the American Camp Association and the authors.

 

Part I

Introduction

Camp managers and camp families appear to understand the significance of an agreement in which the camp seeks protection from certain claims.

Risk Management: Cruise Ship Precautions for Jet Ski Tour

By Doyice Cotten

In a case involving a collision between two jet skis during a jet ski tour provided by Royal Caribbean Cruises (Royal), Royal listed the risk management steps taken in an effort to prevent injuries ( In re Royal Caribbean Cruises, LTD, 2013).  The tour consisted of a number of jet skiers in a single file follow-the-leader type tour. Providers of all sport businesses would do well to study these steps and adapt them to their sport business.

Release/Assumption of Risk Agreement Language Protects Mechanical Bull Provider from Liability for Inherent Risks

By Doyice Cotten

While in a bar after watching others, Revel Thom decided to ride a mechanical bull.(Thom v. Rebel’s Honkey Tonk, 2012 Tex. App. LEXIS 7555) Before riding the bull, he completed and signed a document entitled PARTICIPANT AGREEMENT, RELEASE, AND ASSUMPTION OF RISK. When he was thrown from the bull, he fractured two vertebrae in his back.

He then sued appellees for his injuries. The trial court awarded summary judgment to Rebel’s Honky Tonk.

Resorts, Tours, and Agency Law

By Doyice Cotten

It is common practice for hotels and resorts around the world to offer optional tours to guests through activity providers. These types of tours include such activities as snorkeling, nature tours, tubing, sightseeing, and any number of other activities. It is not uncommon for a guest to be injured on such tours and seek compensation from the hotel/resort. Whether the injured guest wins or not depends upon the relationship between the hotel/resort and the activity provider – whether the provider is an agent of the hotel/resort or is an independent contractor operating on its own.

“Management will not be Responsible for Accidents” Does NOT Protect in Florida Case

By Doyice Cotten

A guest at Grand Seas Resort was injured when his chair collapsed on the patio. He sued alleging negligence and the Resort claimed protection from its exculpatory clause in the “guest license agreement.” The entire exculpatory language was “Management . . . will not be responsible for accidents or injury to guest . . . .” (Hackett v. Grand Seas Resort Owner’s Association, Inc., 2012 Fla. App. LEXIS 10111)

The trial court granted summary judgment,

Needed: Risk Management in Ohio Health Club

By Doyice Cotten

In a recent case (Geczi v. Lifetime Fitness, 2012 Ohio App. LEXIS 2580), Jodi Geczi was injured when her treadmill began jerking violently. The case revealed some serious risk management deficiencies that can be easily avoided by health club management.

First, an employee told her he had known the treadmill was broken.

Second, a club manager told her that he had known the treadmill was malfunctioning the night before.

Bike Shop Risk Management Concerns -Part 6

Part 6 of a 6 Part Series

This series is specifically aimed at the needs of Bike Shops, however much of it holds true for many other sport-related businesses. The first five articles are written by Scott Chapin who has 15 years of experience in insurance and specializes in insurance for Bike Shops.  He is with RJF,
a Marsh & McLennan Agency LLC company located in Minneapolis. This final article is written by Alexander Pendleton,

Inflatable House Risk Management

By Doyice Cotten

Inflatable houses (also known as bounce houses) have been gaining in popularity across the country. Google “inflatable house manufacturers” and you will find dozens, if not hundreds, of manufacturers. You find these houses operated in permanent locations, at festivals, and even available for rental at your home for a birthday party.

All physical activities carry with them the risk of injury to the participant – and inflatable houses are no exception as thousands of participants are injured each year.

Risk Management: Plan Ahead

By Doyice Cotten

I attended a rodeo in Georgia recently and witnessed an event that had considerable potential for injury. The event was called the Calf Scramble. The event consists of a large number of children who upon a signal chase a calf around the arena while attempting to pull a tag off his tail. Any children ages 8 or 9 years old were allowed to compete; then children 10-11 years old were allowed.

Recognizing the possibility of injury and liability,

Risk Management: Learn from the Mistakes of Santa Fe Springs

By Doyice Cotten

What is Risk Management? An expert in adventure law, Reb Gregg says:

The primary purpose of a risk management plan is not the avoidance of legal liability. Rather, it is the maintenance of a quality program; that is, one which deals reasonably and fairly with its clients or students and their families. A program that delivers what it says it will deliver, and does so in the context of reasonable management of the risks,