Tag Archives: drowning

Drowning on a College Study Abroad Illustrates North Carolina Waiver Law

 

By Doyice Cotten

Ravi Thackurdeen drowned while swimming at a Costa Rican beach at the end of a college study abroad while enrolled at Duke University and the Organization for Tropical Studies (OTS). His parents sued both entities alleging wrongful death and negligence (including gross negligence) (Thackurdeen v. Duke Univ., 2018).

The students were taken on a “celebratory trip” to the beach on the last day of the trip.

University Study-Abroad Student Drowned in Costa Rica

By Doyice Cotten

Note: This is the third consecutive post (involving law in three states in three types of activity) in which assumption of risk has played a major role.

20-Year-old Erik Downes, college student at Oglethorpe University, drowned in the Pacific Ocean while he was in Costa Rica attending a study-abroad program. His parents brought a wrongful death suit against the university alleging negligence and gross negligence. Oglethorpe argued that 1) it owed no legal duty to Downes;

Connecticut, California, and North Dakota Courts Address Parental Waivers

By Doyice Cotten

Recent 2013 cases in Connecticut, California, and North Dakota have addressed the question as to whether parents have the authority to sign away the rights of a minor to recover for injury resulting from the negligence of the provider.

California Case

Lotz v. The Claremont Club (2013 Cal. App. Unpub. LEXIS 5748) involved a 10 year-old who was injured in a dodgeball game. It is well established that California law allows the enforcement of parental waivers provided the waiver is unambiguous and meets court requirements.

“Mud run” Tragedy: Risk Management Run Amuck!

By Doyice Cotten

Thanks to Sandie Pendleton for sending me the link to this story.

Tony Weathers, a 30 year old fit athlete drowned in a Fort Worth’s “Original Mud Run” competition on April 14. The WFAA.com (Click for the whole story) story and the comments that follow it recount a tragic death, a public relations disaster, and what appears from the story to be a significant risk management failure. Below I will copy passages from the article and comments relating to the risk management of the event.

Michigan Court Rules in Child Drowning Case (Pool Owner Not Liable) and Cheerleader Injury Case (Coaches and Organization May Be Held Liable)

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.