By Doyice Cotten
Ms. Sylvia Rieff and her two children visited Jesse James Riding Stables, Inc. (JJStables) and took a guided horseback riding tour. Approximately 20 minutes into the tour, as the trail entered the surrounding woods, Ms.
In a recent Vermont case, Melissa Lenter entered her horse in a fifty-mile endurance ride. Prior to the event, Lenter signed the following waiver of liability:
[I]n consideration of your accepting this entry, I hereby for myself, my heirs,
by Doyice Cotten
Heather Goss elected to participate in a multi-day cycling race put on by two inexperienced groups (GCSC and CWRU, a student led cycling club). The race was on a closed-loop and was designed by mostly inexperienced members of the two organizations.
By Doyice Cotten
Harry Boldt chartered a fishing boat and signed a liability waiver. While on the trip, the boat hit an unexpected 8 foot wave that knocked Boldt from his seat causing injury (Boldt v.
By Doyice Cotten
Michael Besner was struck and killed by a motorcycle that accidentally left a racecourse. Michael attended the event “as a spectator and to take photos.” After signing the waiver of liability, he was inside the Park watching a motorcycle race.
By Doyice Cotten
Mikaela Ellenwood and Jorge Casanova sued World Triathlon Corporation, Competitor Group Holdings, Incorporated, and Competitor Group, Inc. for failing to provide refunds for the Rock ‘n’ Roll Marathon Series races and Ironman events that were scheduled to take place in 2020 but were postponed or cancelled due to the global Covid-19 pandemic.
By Doyice Cotten
Ambiguity is one of the most prevalent claims when challenging the enforceability of liability waivers. This post involves a case in which a waiver is claimed to be ambiguous. We focus on the arguments by the plaintiff and the reasoning of the court in addressing the issue.
By Doyice Cotten
A waiver of liability is a contract intended to relieve a service provider from liability for injuries resulting from the negligence of the provider. Such waivers are enforceable in at least 45 states providing they meet certain requisites.
By Doyice Cotten
Ms. Patterson bought a ski lift ticket online, paying $57. Two days later she picked up her ticket at the resort. The front of this lift ticket contained an adhesive sticker, designed to be removed and adhered to a wicket on the ticket holder’s clothing,
By Doyice Cotten
Many waivers, even otherwise well-written ones, fail because the language can be interpreted in two ways. This case provides us with a good example of such a waiver (Fresnedo v. Porky’s Gym III,