Waivers NOT Containing the Word “Negligence” Fail in 3 Recent New York State Cases
Search Results for: “gross negligence”
Understanding Negligence and Liability: “Causes of Injury” (Part 3)
What Does Your Waiver Protect Against? Inherent Risks – Ordinary Negligence – Acts Greater than Ordinary Negligence
By Doyice Cotten
There are literally hundreds of waiver cases in which the waiver protected the provider from liability for ordinary negligence by the provider. In the Salinger case below, the waiver specifically stated that Grace Farms was released from liability for negligence (meaning ordinary negligence) and would have protected the provider from such liability.
Negligence per se and Waivers – They Don’t Always Mix
By Doyice Cotten
While we know that liability waivers are vital tools in the risk management process, we sometimes forget that waivers do not work for all situations. For instance, we know that a waiver will not be enforced if it conflicts with statutory law.
The Power of a Liability Waiver
By Doyice J. Cotten
The case used in this post is a California case (Brown v. El Dorado Union High School District, 2022) and applies California waiver law. Laws in many states may differ substantially,
Texas Waiver Fails to protect against an intentional act
By Doyice Cotten
Samuel Brennan and Matthew Kaufman were competing against each other in a soccer match when Brennan was seriously injured when their heads collided. Brennan claimed the action by Kaufman was an intentional assault and sued Kaufman.(Brennan v.
Minnesota Parental Waiver Prevents Claim by an Adult who was injured as a Minor
By Doyice Cotten
When Carter Justice was 7 years old, he fell off an inflatable obstacle course and hit his head on the floor in an indoor amusement park. Prior to his participation, his mother signed a parental waiver of liability which stated: (Justice v.
California Waiver Protects Facility Against Liability in Canoeing Death
By Doyice Cotten
In December 2016, Lamerle Johnson attended a retreat at Mayacamas Ranch hosted by Rockwood Leadership Institute. Upon his arrival, he received a “Release & Waiver of Liability,” which the resort required guests to review and sign before they were assigned rooms and given keys.
Colorado Waiver Law Explained in Zipline Case
By Doyice Cotten
Vail Resorts Holdings, Inc. and others contracted with Bonsai Design LLC to build a zipline course on the back side of Vail Mountain. Bonsai is a company that plans zipline layouts, builds them, and advises zipline providers on their operation.
Washington Supreme Court Determines Whether a Planet Fitness Waiver Was Conspicuous
By Doyice Cotten
Carol McCoy joined Planet Fitness (PF) and signed a liability waiver intended to relieve PF for liability for its own negligence. The waiver was included as part of a membership agreement that contained a banner containing the capitalized and bolded letters “RELEASE OF LIABILITY” and “ASSUMPTION OF RISK.”