Tag Archives: adventure sport

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

July 12, 2016

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.

Liability Waivers are Prohibited in Louisiana! But Should Providers Continue to Use Them?

July 5, 2016

By Doyice Cotten
Brenda Fecke, a senior at LSU, fell while bouldering at the LSU Recreation Center indoor rock climbing wall facility. The fall resulted in an ankle injury; this was followed by a lawsuit alleging negligence on the part of LSU (Fecke v.

Strengthen Assumption of Risk: Documentation of Notification of Warnings

April 4, 2016

I recently received an email from James Hellwege regarding risk management efforts of a provider in relation to the assumption of risks by the participants. It is encouraging when providers take positive steps 1) to inform participants of the risks of an activity and 2) to document their actions with accuracy.

Hawaii Case Illustrates Why Admiralty Law Can be Important to Recreation Providers

December 10, 2015

By Doyice Cotten
Mark Strickert took his wife and two children on a snorkeling trip. He and his wife signed waivers on behalf of themselves and their children. The trip consisted of six scuba divers and six snorkelers (including the four Strickerts),

U.S. District Court Case Clouds Vermont Waiver Law

November 17, 2015

By Doyice Cotten

Over the past 20 years four Vermont Supreme Court rulings have made Vermont waiver law relatively clear. A recent U.S. District Court for the District of Vermont ruling (Littlejohn v. Timberquest Park at Magic,

For Protection under Assumption of Risk: Injured Party MUST Have Known the Risks!!!

November 10, 2015

By Doyice Cotten
One of the most commonly used defenses when someone is injured in a recreational activity is that the participant assumed the risks. While the law varies somewhat from state to state, it is generally an effective defense when the provider has not been negligent.

Hawaii Statute Prohibiting Waivers Enforced in Scuba Case

August 4, 2015

By Doyice Cotten

In a recent ruling, the U.S. District Court of Hawaii ruled that a liability waiver could not protect a scuba diving business from liability for negligence (Hambrook v. Smith,

Sport Safety Statutes Can Affect the Effectiveness of Liability Waivers

July 14, 2015

By Doyice Cotten

Most states have enacted at least one of what are sometimes called sport safety acts or shared responsibility statutes (e.g., equine, ski, whitewater rafting) intended to define or limit the liability exposure of operators of selected activities.

Waiver Clearly Specifying Risks Enforced in NY Case

May 26, 2015

By Doyice Cotten

Last Week’s Post (Admiralty Law Trumps GOL 5-326 Statute in NY Jet Boat Waiver Case) focused on fact that federal admiralty law supersede state law (including New York’s G.O.L. 5-326. We look at this case again (Brozyna v.

Connecticut Wall Climbing Waiver Fails

April 28, 2015

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.