Tag Archives: ATV

Duration of a Waiver at Issue in a Pennsylvania ATV Case

By Doyice Cotten

This author has frequently written about the duration of liability waivers. In a three-part series in 2017, posts addressed a Virgin Islands waiver written intending a one-year duration where the injury occurred after the one-year period – the court ruled it to be unenforceable; another waiver case involved a waiver which did not specify a duration and the Pennsylvania court ruled such a waiver unenforceable; and a third waiver case examined a waiver which did not state a duration – the Massachusetts court held the duration of a contract does not extend forever but only for a reasonable time (which is up to the court to determine).

Good Waivers Fail; Bad Waivers Protect — SOMETIMES

By Doyice Cotten

In Waivers & Releases of Liability (7th ed.), this author devotes two entire chapters (More than 50 pages) to how to write an effective waiver. One can construct a great waiver by following the guidelines presented. However, waivers don’t always work as expected. In case law we find that some very poor waivers successfully protect the provider, and we find that on occasion, very good waivers fail to protect for one reason or another. In this article,