Tag Archives: common law duty of care

Another Look at Club Liability on Slip & Falls

By Doyice Cotten

It is well-established that the common law imposes a duty of care on business owners to maintain safe premises for their business invitees (clients or potential clients). Justification of this is that the law recognizes that an owner is in a better position to prevent harm than is the invitee. Courts in most states recognize, however, that participation in sports will result in injuries and grant businesses providing sport, recreation, and fitness activities permission to contract away their liability for injuries resulting from provider negligence through the use of waivers of liability.

Waiver Fails to Protect Sports club in a Trip and Fall Case

By JoAnn M. Eickhoff-Shemek, Ph.D., FACSM

Dr. Eickhoff-Shemek is Professor Emeritus, University of South Florida (USF) and is President of the Fitness Law Academy, LLC (www.fitnesslawacademy.com). This post originally appeared in the Fitness Law Academy Newsletter, Vol 1, Issue 4 (October, 2018). You may subscribe to the quarterly newsletter free of charge at www.fitnesslawacademy.com.

Case Brief: Crossing-Lyons v. Towns Sport International,