Tag Archives: adventure sport

We Know Delta and Greyhound are Common Carriers … But is a Zipline a Common Carrier in Illinois?

By Doyice Cotten

April Dodge was a paying customer of Grafton Zipline Adventures when the braking system failed causing April to collide with a tree and suffer injury. She sued alleging that Grafton was negligent. Grafton claimed protection from the liability waiver signed by April prior to participation to which the plaintiff asserted that the waiver was unenforceable because Grafton is a common carrier and cannot exempt itself from liability for its negligence (Dodge v.

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Connecticut Wall Climbing Waiver Fails

By Doyice Cotten

In a 2014 case, a Connecticut Superior Court failed to enforce a pre-injury waiver signed by the plaintiff (Lecuna v. Carabiners Fairfield, LLC, 2014 Conn. Super LEXIS 2610). Plaintiff fell from the facility while “bouldering” and sued claiming negligence.

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