By Doyice Cotten
The Sturms (Timothy, his wife Sandra, and their daughter Holly) decided to take a dogsled ride and prior to the ride, the two adults signed a liability waiver described as a Participation Agreement. During the ride,
By Doyice Cotten
Vail Resorts Holdings, Inc. and others contracted with Bonsai Design LLC to build a zipline course on the back side of Vail Mountain. Bonsai is a company that plans zipline layouts, builds them, and advises zipline providers on their operation.
By Doyice Cotten
The enforceability of waivers on the back of tickets is sometimes in question, depending upon the state involved. There are times when such waivers are enforced. One certainly can’t say they are never enforced, however,
By Doyice Cotten
Ambiguity is one of the most prevalent claims when challenging the enforceability of liability waivers. This post involves a case in which a waiver is claimed to be ambiguous. We focus on the arguments by the plaintiff and the reasoning of the court in addressing the issue.
By Doyice Cotten
Sometimes activity providers are reluctant to offer activities to participants with disabilities because they fear possible injury and have doubt as to whether their liability waiver would be enforceable against a person with a disability.
By Doyice Cotten
In June, 2018, Jodi Sheldon was seriously injured while participating in a high ropes course at the Golden Bell Ranch. She sued Golden Bell Retreat, Cross Bearing Adventures (“CBA”), the company which constructed the course and trained employees,
By Doyice Cotten
Ms. Patterson bought a ski lift ticket online, paying $57. Two days later she picked up her ticket at the resort. The front of this lift ticket contained an adhesive sticker, designed to be removed and adhered to a wicket on the ticket holder’s clothing,
By Doyice Cotten
Robert Wagner, a Life Time Fitness client, suffered injury when he stepped onto a treadmill that was already in motion. No detail was given as to how the club was negligent (Wagner v.
By Doyice Cotten
AnneMichelle Johnson, a member of Gold’s Gym Rockies, LLC, sustained an injury when trying to use a seated cable row machine. She set her usual resistance, tried to pull, heard a pop in her back,
By Doyice Cotten
Carolyn Raup was injured dismounting a chairlift. The lift ticket was purchased for her by her daughter and son-in-law. The ticket had a waiver on its back side and a warning on the front reading “IMPORTANT WARNING ON REVERSE.”