Puerto Rico Jet Ski Waiver Emphasizes the Inherent Risks of the Activity

By Doyice Cotten  

The primary purpose of a liability waiver is to protect the entity from liability for injuries resulting from the negligence of the entity and its employees. A secondary function of the waiver is to help provide protection from liability for injuries resulting from the inherent risks of the activity. Technically, the provider is not usually liable for injuries associated with the inherent risks – provided the injured party was familiar with those inherent risks. The listing of inherent risks in the waiver can provide evidence that the participant was aware of the inherent risks;

What is Learned from the McNair Tragedy at the University of Maryland?

By Doyice Cotten

We have all read about the University of Maryland football player, Jordan McNair, who collapsed in a May football practice and his tragic death about two weeks later. Dr. Rod Walters was hired to investigate the event, the University football program, and the athletic training protocols followed.

In September, Dr. Walters completed his investigation and issued a report. This report presented a timeline of events. This timeline (reported in Athleticbusiness.com) follows:

 

Risk Management Fiasco in Management of California Half Marathon

By Doyice Cotten

Hundreds of running-related events are held each year. They include 5k runs, mile runs, marathons, half marathons, and events that include other activities such as the triathlon. There is risk in all of these, but most promoters take care to manage the risk as well as possible.

In a huge  half marathon/5K run in California involving about 10,000 participants, a runner collapsed seconds after completion of the half marathon and died a few minutes later (Hass v.

Liability Waivers 101 (2018 Update)

By Doyice Cotten

Where there are fitness, recreation, and sport activities, there are injuries! Unfortunately, where there are injuries, there are lawsuits! Providers of these activities must take care to manage risk in three ways.  First, the provider should institute a sound risk management program which includes an approach toward reducing the likelihood of injury as much as possible.  Secondly, they should purchase financial protection through liability insurance. Third, they should use an agreement by which the client agrees to relieve the provider of liability for participant injury – the document should include an assumption of risk (for inherent risks),

Importance of Listing all Protected Parties in Your Waiver

By Doyice Cotten

Bradford Jones and his son, Forbes, rented jet skis from The Barge, LLC, owned by David Hubert. As they began riding, Bradford was injured when he turned suddenly and stopped in front of the inexperienced boy’s jet ski.  They collided, Jones was injured, and they subsequently sued The Barge, LLC, and Hubert.

Hubert had bought the business in 2006 and became the sole owner when he bought out his partner and renamed the business The Barge Watercraft Rentals.

Your Good Friend Will Not Sue You! REALLY!!! – Check this Missouri Trail Ride Case

By Doyice Cotten

 Deanna Perkinson was on a trail ride with a good friend and several others when the horse her friend (Sarah Courson) was riding suddenly kicked her; the result was a broken bone and two subsequent surgeries (Perkinson v. Courson, 2018). The incident occurred during a ride organized by Cross Country Trail Ride, LLC,  in Eminence, Missouri.

The two women lived in Illinois (where this suit was filed),

Drowning on a College Study Abroad Illustrates North Carolina Waiver Law

 

By Doyice Cotten

Ravi Thackurdeen drowned while swimming at a Costa Rican beach at the end of a college study abroad while enrolled at Duke University and the Organization for Tropical Studies (OTS). His parents sued both entities alleging wrongful death and negligence (including gross negligence) (Thackurdeen v. Duke Univ., 2018).

The students were taken on a “celebratory trip” to the beach on the last day of the trip.

Snow Tubing Case Helps to Clarify the Tough Maine Waiver Law

By Doyice Cotten

 Karrol Leadbetter went snow tubing at Family Fun Management, a Maine amusement center. She suffered an injury and sued the center alleging negligence, gross negligence, and recklessness (Leadbetter v. Family Fun Mgmt, 2018).

The snow tube course consists of a number of parallel snow-covered tracks divided by man-made berms of snow. At the bottom of the tracks is a common runout area with a man-made pile of snow, which acts as a retaining wall to slow snow tubers at the end of their runs.

Bicycle Racer Killed in Collision with Support Vehicle Parked in the Traffic Lane

By Doyice Cotten

Suzanne Rivera competed in a bicycling race organized by Velo Promo, LLC and USA Cycling, Inc. During the race, she struck a support van  parked in the lane of the road designated for the cyclists on a downhill, curved section of the course. She was killed. The heirs sued defendants Velo Promo, USA Cycling and Richard Ciccarelli (the driver of the support van) alleging negligence (and gross negligence).(Rivera v. Velo Promo,

Risk Management Failures in Massachusetts YMCA Result in Death

By Doyice Cotten

Reminder: There is a new Fitness Law Academy Newsletter designed specifically for fitness professionals. It is written by Dr. JoAnn Eickhoff-Shemek, a fitness industry authority. And the best news of all —  its FREE!.    Click here for your free subscription!   djc

The last post dealt with a risk management failure resulting in quadriplegia. This post also involves abysmal risk management – this time resulting in the death of a 62-year-old man (Miller v.