Tag Archives: California

California Inflatable Rock-Climbing Wall Case Rules on Waiver

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, but much more can be learned about California waiver law by reading the entire case

Robert Vinson was a member of the Paramount “Studio Club.” To be a member of the Club, he was required to complete an application and pay a fee.

Waiver Effectiveness at Senior Adult Recreation Centers

By Doyice Cotten

This post looks at two California cases addressing waiver effectiveness at recreation centers focusing on senior adults.

1997

The first case was YMCA of Metropolitan Los Angeles v. Superior Court (1997 Cal. App. LEXIS 392) which upheld the enforceability of a liability waiver in a case arising from a fall by a healthy, 73-year-old woman at a YMCA senior program. The senior lady fell down the stairs after viewing a jewelry display.

California Waiver Case Examines: 1) Group Waivers, 2) Gross Negligence, and 3) California Civil Code Section 1668

By Doyice Cotten

In Jones v. City of Ukiah (2013 Cal. App. Unpub. LEXIS 5125), Ernest Jones was injured sliding into second base in a softball game. He then sued the city alleging negligence, gross negligence, and statutory liability for having a dangerous condition on public property – claiming that the base was improperly anchored and did not lie flat. The trial court granted summary judgment in favor of the City and the plaintiff appealed.

Lion Attack Mirrors Previous Waiver Case: ****Chimp Attacks and Injures an Intern****

By Doyice Cotten

The following recent news story  recounts a recent California incident that is similar to a 2012 case in which a young female intern was attacked and injured by a chimpanzee:

SAN FRANCISCO — A 24-year-old intern killed by an African lion at a California wildlife sanctuary died suddenly after the big cat broke her neck, a coroner said on Thursday as investigators probed why the worker had been inside the animal’s enclosure.

California Landlord Protected by Waiver for “Amenity” Exercise Facility

By Doyice Cotten

Lewis Operating Corporation and Homecoming II operate a residential property which offers a health club or exercise facility as an “amenity” for residents. John Costahaude, a resident, was using a treadmill when an employee or agent of the ownership group  rolled a ball into, or under, the treadmill, causing the treadmill to flip upward and throw Costahaude off the machine. (Lewis Operating Corporation v. The Superior Court of Riverside County, 2011 Cal.

Waivers, Negligence per se, and Safety Statutes

By Doyice J. Cotten

In January of this year, we posted an article that dealt with waivers and negligence per se.  This article, which originally appeared in Fitness Management magazine, also relates to negligence per se.

Reoven Capri suffered injury when he slipped and fell on the pool deck while walking to the pool.  He returned to the pool the next day and found an accumulation of algae around the drain on the pool deck where he fell. 

California Good Samaritan Statute Revised (For the Better)

By Doyice Cotten

All states have Good Samaritan statutes. Some statutes are better than others… that is, offer more liability protection for the rescuer than others. California has made a needed move to clarify and strengthen its Good Samaritan law.

Alexandra Van Horn and Lisa Torti and some friends left a bar at about 1:30 a.m. in separate cars. The first car, containing Van Horn crashed into a curb and light standard at 45 mph. Her friend,