By Doyice Cotten
Shana Guins, a 32 years-old woman who stood 5′ 3″ in height and weighed 180 pounds, was injured and rendered a quadriplegic during an acrobatics class. She was asked to bounce on a mini-trampoline and land with a forward roll.
Doyice Cotten
Joseph Kuchta, while socializing with friends at Gilley’s Nightclub in Sparks, Nevada, observed the operation of a mechanical bull. He expressed interest in a gentle ride like the ones he had observed, termed a 2 out of a possible 10 in roughness.
By Doyice Cotten
The doctrine of assumption of risk provides liability protection for sport and recreation providers in many states. This post attempts to summarize or outline the doctrine in California and show how liability waivers fit in.
By Doyice Cotten
Lori Hassler joined Results by Design, LLC in order to begin a training regimen in the hope of “toning up” for her daughter’s upcoming wedding. She listed her goals on intake paperwork as a tighter abdomen,
By Doyice Cotten
James McConnel was injured while participating in Segway Polo associated with Omni Hotels Management Corp. The issue came up as to the admissibility of the waiver signed by McConnel (McConnel v. Omni Hotels Mgmt.
By Doyice Cotten
Note: This is the third consecutive post (involving law in three states in three types of activity) in which assumption of risk has played a major role.
20-Year-old Erik Downes,
By Doyice Cotten
This case has some similarities to the Swigart v. Bruno California case in last week’s post. Each case was determined by an assumption of risk and not by a waiver of liability.
Pellham participated in an inner tube float in which his tube struck a fallen log in the water.
By Doyice Cotten
Kathleen Swigart entered a long distance horse riding event conducted by the American Endurance Ride Conference (AERC), a national governing and record-keeping body for “long distance horse riding.” An endurance ride is “a highly competitive and demanding sport” in which the riders follow a specific course,
By Doyice Cotten
Theresa Brigance was injured at Vail while taking beginning skiing lessons. Vail claimed no liability on the basis of a required liability waiver. Brigance’s ski boot became wedged under the chair in the ski lift.
By Doyice Cotten
Panagiota Melis, a member of the Helenic Orthodox Church, slipped and fell on snow and ice in the Church’s parking lot after parking her vehicle. She filed suit against the church alleging negligence (Melis v.