Kentucky Motocross Race Waiver Upheld for Negligence and Willful and Wanton Negligence
Search Results for: “gross negligence”
Waivers Upheld for Negligence in 3 of 4 Trail Ride Cases in 2013
By Doyice Cotten
Trail rides have been a risky proposition for women in 2013. As can be seen below, a well-written liability waiver for trail rides will provide protection for equine providers from liability for ordinary negligence in most states.
Waivers NOT Containing the Word “Negligence” Fail in 3 Recent New York State Cases
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.
Kentucky Court Enforces Waiver Used by Riding Stables
by Doyice Cotten
Sylvia Rieff and her two children visited Jesse James Riding Stables, Inc. and took a guided horseback riding tour. Ms. Rieff signed a “Horse Rental Agreement” which included a release of liability. The 2022 case (Rieff v.
Big Nebraska Supreme Court Ruling on Waivers
By Doyice Cotten
A university soccer player and his mother signed a waiver so he could participate on the intercollegiate soccer team. The student was injured at a mandatory strength workout when an elastic exercise band came loose from a j hook and struck the player in his eyes.
$46 Million Dollar Award Causes Stir in Martial Arts Community
Jack Greener, a white belt Jiu Jitsu student, suffered a devasting, paralyzing injury while working with his black belt instructor. The injury was suffered in November, 2018 and the award was announced by the trial court on March 38, 2023.
Enforceability and Ambiguity at Issue in Kentucky Horseback Riding Waiver
By Doyice Cotten
Ms. Sylvia Rieff and her two children visited Jesse James Riding Stables, Inc. (JJStables) and took a guided horseback riding tour. Approximately 20 minutes into the tour, as the trail entered the surrounding woods, Ms.