By Doyice Cotten
Lataya Young was working out on an Ab Coaster (not pictured) at a Planet Fitness when a weight landed on her foot. Apparently a weight had fallen from the machine while she performed repetitions. She had previously signed the following waiver of liability:
“I understand and expressly agree that my use of this Planet Fitness facility involves the risk of injury to me,
By Doyice Cotten
Lamerle Johnson drowned while canoeing in the lake at the resort, Mayacamas Lake. This regards aspects of the California appellate court decision in the resulting legal action (Johnson v. Mayacamas Holdings LLC,
By Doyice J. Cotten
The case used in this post is a California case (Brown v. El Dorado Union High School District, 2022) and applies California waiver law. Laws in many states may differ substantially,
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.