Tag Archives: duration of waiver

Duration of a Waiver at Issue in a Pennsylvania ATV Case

By Doyice Cotten

This author has frequently written about the duration of liability waivers. In a three-part series in 2017, posts addressed a Virgin Islands waiver written intending a one-year duration where the injury occurred after the one-year period – the court ruled it to be unenforceable; another waiver case involved a waiver which did not specify a duration and the Pennsylvania court ruled such a waiver unenforceable; and a third waiver case examined a waiver which did not state a duration – the Massachusetts court held the duration of a contract does not extend forever but only for a reasonable time (which is up to the court to determine).

Duration of Waivers: A 3 Part Series – Part 3

Part 3

By Doyice Cotten

In a Massachusetts case (Borges v. Sterling Suffolk Racecourse, Inc., 2000), Israel Borges, a trainer, sustained injuries when he slipped due to ice on the ground and fell while on property at the Suffolk Downs Track owned and controlled by the defendants.

The defendants moved for summary judgment because Borges’ claim was barred by a waiver executed in a stall application. The pertinent part of the waiver stated:

Suffolk Downs,

Duration of Waivers: A 3 Part Series – Part 2

Part 2

By Doyice Cotten

Nicholas Weinrish was injured while operating a go-kart on the defendant’s track (Weinrich V. Lehigh Valley Grand Prix Inc.,  2015). A piece of plastic covering a guardrail broke and protruded toward the track; plaintiff suffered an injury to his leg when he struck the plastic.

Weinrich had patronized the establishment six months earlier and had signed a waiver of liability at that time.

Duration of Waivers: A 3 Part Series — Part 1

Part 1

By Doyice Cotten

Tariq Davis, a minor, was injured when he ran into the street and was struck by an auto while chasing a soccer ball (Davis v. American Youth Soccer Organization, Virgin Islands, 2016). The American Youth Soccer Organization (AYSO) claimed protection from a waiver signed by a parent on behalf of the youth.

Courts in the Virgin Islands have stated that “an exculpatory clause which limits or absolves a party for its own ordinary negligence is generally enforceable, 

Go-Kart Waiver Fails Because it Failed to Specify the Duration of the Waiver

By Doyice Cotten

Nicholas Weinrich was injured in a go-kart race when he collided with a protruding section of the guardrail. Weinrich was not required to sign a pre-race waiver because he had signed one at a race six months earlier (Weinrich v. Lehigh Valley Grand Prix Inc., 2015). A primary issue in the case was whether the previous waiver was still in force – in other words, “What was the duration of the waiver?”