Tag Archives: ambiguity

Pennsylvania Court Rules that Membership Contract Waiver Protects Against Negligence: No Reckless Conduct Found

November 4, 2014

By Doyice Cotten

Cornelius Lister was injured when a fight occurred on the Fitness International basketball court (Lister v. Fitness International, LLC, 2014 U.S. Dist. LEXIS 45954). He alleged that at least four men attacked him and that at least one of the men was not a member of the club.

Ambiguity in Missouri: Meaning of “any” and “any and all” in Waivers

May 13, 2014

By Doyice Cotten

Colleen Holmes, a participant in a racing event, tripped over an audio-visual box at the event. She filed suit against the television station claiming the waiver signed by the plaintiff was unenforceable because of ambiguity in the language (Holmes v.

Mississippi Parental Waiver Law

May 6, 2014

By Doyice Cotten

Many businesses and organizations, like Mississippi State University, require parents to sign a liability waiver on behalf of their minor child or children. However, Mississippi law on the enforceability of such waivers is unclear.

“Snow Cases”: PART II – Waivers Enforced in Two Colorado Cases

February 25, 2014

By Doyice Cotten

Three snow tubing cases were discussed in last week’s post. Two more “snow” cases will be examined in this post with two more to follow next week.

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Two Colorado cases are examined here.

“Snow” Cases: PART I – Waivers Tested in 3 Snow Tubing Cases: PA, NY, and MO

February 18, 2014

By Doyice Cotten

Seven “snow” case waivers have been considered by courts in the last few months. Three will be presented here with two to follow in each of the next two posts.

A Cursory Look at California Waiver Law

January 28, 2014

By Doyice Cotten

Note: This posting is not intended to provide an comprehensive presentation on California waiver law, but rather to offer the reader a brief look at what some of the courts have said about waivers and their enforcement.

California Inflatable Rock-Climbing Wall Case Rules on Waiver

October 22, 2013

By Doyice Cotten

California waiver law was addressed in a recent inflatable rock climbing wall case (Vinson v. Paramount Pictures Corporation, 2013 Cal. App. Unpub. LEXIS 3380). The case is summarized here,

Lake Tahoe Parasailing Waiver Case Governed by Federal Admiralty Law

May 14, 2013

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,

Waivers, Wrongful Death, and Colorado

February 13, 2013

By Doyice Cotten

William Bradford rented a snowmobile, accidentally struck a tree, and was killed leaving behind a spouse and a son by a former spouse. The survivors filed a wrongful death claim against the rental company, On the Trail Rentals,

What Does Your Waiver Protect Against? Inherent Risks – Ordinary Negligence – Acts Greater than Ordinary Negligence

November 26, 2012

By Doyice Cotten

There are literally hundreds of waiver cases in which the waiver protected the provider from liability for ordinary negligence by the provider. In the Salinger case below, the waiver specifically stated that Grace Farms was released from liability for negligence (meaning ordinary negligence) and would have protected the provider from such liability.