By Doyice Cotten
Last week’s post, Waiver Protects Cheerleader Organization from Liability for Negligence in Georgia, examined the effect of a waiver on the liability of Georgia All Stars (GA). The court also said that GA was protected by the Georgia Recreational Property Act (OCGA § 51-3-20 et seq.). In this post, we will examine the latter source of liability protection for some recreation providers. To review, Kimberly Shields sued RDM, LLC d/b/a Georgia All Stars for negligence when Kimberly tripped and fell from mats on the floor at an exhibition of participants’ routines for parents to view in the practice area of the gym.
By Doyice Cotten
Kimberly and James Shields sued RDM, LLC d/b/a Georgia All Stars (GA) for negligence when Kimberly tripped and fell from mats on the floor at an exhibition of participants’ routines for parents to view in the practice area of the gym. Their daughter was a participant in Special Twist (a “special needs all star cheer and dance team.”) Special Twist is not part of the Georgia All Stars facility or teams, but is instead an independent 501 (3) (c) organization that was invited to participate in the exhibition on the night in question.
By Alexander “Sandie” Pendleton of KMK
The Michigan Court of Appeals recently has issued decisions in two cases involving recreational liability (Estate of Wheeler v. Central Michigan Inns, Inc., April 14, 2011, and Sherry v. East Suburban Football League, March 17, 2011). Both decisions emphasize the importance of recreational-opportunity providers being vigilant about injury risks.
The Wheeler case arose out of the tragic drowning death of five-year-old Domonique “Dom” Wheeler.