By Doyice J. Cotten
Patricia Cizek visited the North Wall Rock Climbing Gym to attempt some bouldering. She fell or dropped from the wall and landed with one foot on the mat and one off; she broke her ankle. It was her first day of bouldering. She sued alleging negligence as well as willful and wanton conduct (Cizek v. North Wall, Inc., 2018).
Even as a beginner, she understood that rock climbing involved being at a height higher than the ground.
Dr. John Wolohan, an authority on sport law and liability, examined a recent case in which a college employee was seriously injured when she fell from a climbing wall. The college had hired a risk management company to inspect the facility and evaluate their risk management program. The injured party filed suit against the risk management company because they failed to identify and recommend correction of the risk. Dr. Wolohan clarifies the liability of the company in this article published in AthleticBusiness.com.
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.
By Doyice Cotten
Northwest Nazarene University required Morrison and some co-workers to participate in a “team building exercise” that included, among other things, a climbing wall activity. Morrison fell, was seriously injured, and sued alleging negligence (Morrison v. Northwest Nazarene University, 2012 Ida. LEXIS 82).
The university had required that all participants sign a waiver, an indemnity agreement and an assumption of risk agreement. Idaho law states “’Freedom of contract is a fundamental concept underlying the law of contracts and is an essential element of the free enterprise system.’ Agreements exempting a party from liability for negligence will be upheld unless .