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,
By Doyice Cotten
In the post last week, we looked at a waiver in a Puerto Rico jet ski case (Morgan v. Water Toy Shop, Inc., 2018). The Puerto Rican court examined the case in which the plaintiff was seriously injured in a collision with another party;
By Doyice Cotten
In the last post (You Be the Judge – Test your Liability Knowledge), a suit resulted from an injury when a woman slipped and fell on the icy sidewalk outside a health club.
By Doyice Cotten
Occasionally, we offer the reader an opportunity to test his or her liability judgment. Take a few minutes and check this waiver and see if you think it protected the defendant health club from liability for negligence (Hoffner v.
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.
By Doyice Cotten
In this case (Belliconish v. Fun Slides Carpet Skate Park, Inc., 2014 Pa. Super. Unpub. LEXIS 349), Mr. Belliconish took his family to an indoor skate park. He signed waivers on behalf of himself and his family.