By Doyice Cotten
A woman was injured while working with a trainer employed by Planet Fitness. The trainer had lifted Butler onto a bosu balance ball and walked away. As she dismounted from the ball, she fell and suffered injury.
She filed suit claiming negligence; Planet Fitness countered with a liability waiver signed by the plaintiff as a defense. Part of the waiver language stated that the signer released Planet Fitness “from any responsibility or liability for any injury or damage to myself,
By Doyice Cotten Waivers can fail to protect providers for a number of reasons. Often, they fail for being too narrow – for example, having the language fail to include the cause of the injury. Sometimes, however, the waiver writer attempts to be too inclusive and the waiver fails for being overly broad. In a Wisconsin equine case (Mettler v. Nellis, 2005), the waiver failed because the waiver was considered overly broad. The court ruled the language “any liability or responsibility for any accident damage,
By Doyice Cotten
AthleticBusiness.com reported an article in The Columbus Dispatch regarding YMCA negative reaction to House Bill 143 which includes mandated concussion education and requires an authorized doctor to sign off before an athlete can return to play after a concussion. The bill provides some immunity provisions which YMCA official Beth Tsvetkoff terms as inadequate.
Tsvetkoff is reported to have said that, under this bill, a coach can be held legally liable if a court finds his or her actions were done to intentionally injure a youth.
We are fortunate to have a new article by the lady who is perhaps the foremost expert in equine law – Julie Fershtman. While the article relates specifically to equine waivers, waiver law is the same regardless of the sport or activity.
Julie I. Fershtman, Esq.
Stables, race tracks, show managers, horse trainers, riding instructors, and individual horse owners often seek ways to reduce their liability risks.
One of the most common reasons that a waiver fails when challenged in court is that it violates the public policy of the state. Often readers are puzzled by the term “public policy” and ask, “Just what is public policy?” This concept is quite broad and is not easily defined or explained.
Black’s Law Dictionary states that public policy is “… that general and well-settled public opinion relating to man’s plain, palpable duty to his fellowmen,