By Doyice Cotten
In December 2016, Lamerle Johnson attended a retreat at Mayacamas Ranch hosted by Rockwood Leadership Institute. Upon his arrival, he received a “Release & Waiver of Liability,” which the resort required guests to review and sign before they were assigned rooms and given keys.
by Doyice Cotten
A recent California waiver case involved a number of issues, one of which we will address here. When faced by a waiver that the plaintiff signed, the waiver often questions whether they signed the waiver claiming they don’t remember signing the waiver,
By Doyice Cotten
In a case involving a waiver used by USA Cycling, Inc., the US District Court summarized aspects of the Utah waiver law. The case resulted from an injury sustained by the plaintiff while making a preliminary run using a map provided for riders in the event.
Estiban Mejia suffered a fatal cardiac arrest while exercising at a 24 Hour Fitness gym. A California statute (H&S Code sec. 104113) requires that every “health studio” acquire an automatic external defibrillator (AED) and train personnel to use the AED.
By Doyice Cotten
Cynthia MacAdams, age 75, signed a YMCA waiver prior to using the sauna. The floor consisted of two separate platforms made of wood slats on top of a concrete base; they could be lifted and pushed apart for cleaning,
By Doyice Cotten
Scott Champion and some other motocross racers filed suit against Feld Entertainment, Inc. claiming injury because defendants, in order to dry the track, used caustic lime on the soil and failed to mix it properly (Champion v.
By Doyice Cotten
Patricia Washington was injured in a “boot-camp” group fitness class taught by Alisson Rosales (Washington v. Rosales, 2020). The trial court granted summary judgment in favor of the defendant, Rosales based on the waiver of liability signed by Washington.
By Doyice Cotten
In several previous posts (including Established Protocol for Administering an Electronic Waiver Protects Fair when Participant is Killed), this author has commented on how the validity of electronic waivers is dependent upon following procedures by which the electronic signature of the participant can be shown to be authentic.
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.
This article was originally published on Recreation-Law.com, an excellent newsletter dealing with outdoor sport and recreation law. Its author, James H. Moss, J.D., is a well-known attorney specializing in the outdoor recreation industry. Jim has kindly granted permission to reprint the article.