Tag Archives: adhesion

NJ Federal Court Addresses Several Waiver Issues:

By Doyice Cotten

In a recent New Jersey case (Kang v. LA Fitness of South Plainfield, 2016), the court addressed several issues relating to waivers. Among them was 1) non-reader or speaker of English, 2) font size, 3) national association standards, 4) failure to read the waiver, 5) failure to explain the waiver, 6) failure to initial a provision of the waiver, and 7) contract of adhesion.

Ms Kang was injured while working out on the chin/dip assist pull-up machine.

Admiralty Law Supports Liability Waiver in New Jersey Parasail Case

By Doyice Cotten

The Olmos and their two sons signed up for a parasailing trip. While on the boat traveling out of the inlet, Dina Olmo shifted her sitting position just as the boat hit a wave, lifting her into the air. When she landed she felt “a stabbing pain at the bottom of [her] back.”The boat immediately returned to the dock and she was taken to the hospital. The two sons remained to continue with their parasailing trip.

Factors Affecting Waiver Law in the State of Washington

By Doyice Cotten

This case examines Washington waiver law, specifically as it relates to health clubs and fitness centers. Most of the concepts, however, apply to all waivers in the state. Two issues raised will be addressed this week and three more will be addressed next week.

Part I

A recent Washington waiver case (DeAsis v. Young Men’s Christian Association of Yakima, 2014 Wash. App. LEXIS 2201) clearly explains Washington law regarding the enforcement of waivers used by health clubs.

Court Makes Clear the Texas Waiver Law

By Doyice Cotten

Note: This is a common negligence suit in which the defendant claims protection from a waiver of liability. Seldom do courts describe state waiver law so clearly.

Kimberly Ramirez , while a member of 24 Hour Fitness USA, Inc, slipped and fell when she stepped into a puddle of water on the floor (Ramirez v. 24 Hour Fitness USA, Inc., 2013 U.S. Dist. LEXIS 69451).

Lake Tahoe Parasailing Waiver Case Governed by Federal Admiralty Law

By Doyice Cotten

A lady was injured while parasailing on Lake Tahoe and sued alleging negligence by the provider (Cobb v. Aramark Sports and Entertainment Services, LLC, 2013 U.S. Dist. LEXIS 20139).  Prior to beginning the activity, she signed the following liability waiver intended to protect the provider from liability for injuries caused by provider negligence.

In consideration of my being allowed to participate in the parasailing  [*2] activities operated and conducted by [Zephyr],