Will My Waiver Protect Me When someone has an Ordinary “Slip and Fall?”

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, the duty owed the visitor depends upon the “category” into which the visitor falls.

The three categories are, first, the invitee — one who has an express or implied invitation to enter the business (e.g.,

Most Waivers Are Adhesion Contracts – So What?

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.

What is an Adhesion Contract?

An adhesion contract is a “standardized contract which is imposed and drafted by the party with superior bargaining power and which relegates the subscribing party only the option of signing the contract or rejecting it” (i.e.,

Should the Specific Risks of the Activity Be Listed in the Waiver?

By Doyice Cotten

 A 2018 New Mexico rappelling case (Dominguez v. United States, 2018) illustrates clearly why it is important that waivers warn the signing client of the risks faced in the activity.

Sarah Dominguez, a civilian, participated in a team-building activity at the Para-Rescue Academy at Kirkland Air Force Base. She informed the person in charge that she had never rappelled; she said later that she had been informed there would be no climbing involved in the activity. 

Niagara Jet Boat Patron Challenges Waiver on Negligence, Violation of a Safety Statute, Breaching a Condition of a Contract, and Gross Negligence

By Doyice Cotten

Scott and Sarah Witkowski and their son rode a Niagara Jet Adventures(referred to as Niagara) jet boat after having signed a waiver of liability. The boat hit a large wave throwing Scott and the son into Sarah causing injury.  The Witkowskis sued Niagara alleging negligence and gross negligence. They also alleged negligence per se claiming Niagara violated a safety statute (This was not properly pled and was dismissed.)

The Waiver

Pertinent parts of the waiver read:

“In consideration of participating in whitewater,

Hot Air Balloons: Is a Balloon a Common Carrier in California?

 

By Doyice Cotten

The issue as to whether an activity or mode of transportation is a common carrier can determine the duty owed to passengers. A recent California case (Grotheer v. Escape Adventures, Inc., 2017), addressed the issue of whether a hot air balloon is a common carrier. The court defined a common carrier of persons as anyone “who offers to the public to carry persons.” (Civ. Code, § 2168.)

The duty that a common carrier owes to its clientele depends upon whether the ride is gratuitous or if there is a fee charged.

Indemnification Tips (Revisited)

We are revisiting five of Reb Gregg’s previous posts on Sportwaiver.com. Nothing has changed since the article was originally posted. It provides important information for the service provider.

Doyice

is was written by Charles “Reb” Gregg in September, 2006. Mr. Gregg provides some invaluable information regarding indemnification agreements. Mr. Gregg is a practicing attorney in Houston, Texas specializing in adventure law and may be reached at 800 Bering Drive, Suite 100,

Staying in the Field and Out of the Courthouse (Revisited)

We are revisiting five of Reb Gregg’s previous posts on Sportwaiver.com. Nothing has changed since the article was originally posted. It provides important information for the service provider.

Doyice

by Charles R. Gregg

Reb Gregg is a leading attorney, lecturer and writer in legal liability issues for adventure, education and recreation based outdoor programs. He is a true expert in the area of risk management.

The primary purpose of a risk management plan is not the avoidance of legal liability.

Do Industry Standards Increase our Liability? (Revisited)

We are revisiting five of Reb Gregg’s previous posts on Sportwaiver.com. Nothing has changed since the article was originally posted. It provides important information for the service provider.

Doyice

Readers will find that this is one of the best pieces to be found relating to industry standards and liability. Our thanks go to author “Reb” Gregg and to Steve Smith who originally published the article in Touchstones – News and Resources for Outdoor Programs for permission to run the article in SportWaiver.com.

Duty and Liability (Revisited)

We are revisiting five of Reb Gregg’s previous posts on Sportwaiver.com. Nothing has changed since the article was originally posted. It provides important information for the service provider.

Doyice

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?                                                                             

Electronic or Online Waivers: How Good Are They?

 

By Doyice Cotten

 The preferred form of waiver usage in recreation and sport businesses is quickly becoming electronic (waiver available on a computer, tablet, or online). I am asked whether electronic waivers are as valid and effective as paper waivers.  Today, such waivers are in widespread use and there is no question as to their validity. This writer has found no cases in which a waiver has failed simply because it was not a paper waiver.