Tag Archives: exculpatory language

The #1 Thing to Check in Your Waiver!

By Doyice Cotten

Contrary to some opinions, All Waivers Are Not Born Equal. Waivers range in length from one sentence to several pages. Some are written specifically for one particular business while others are generic and intended to be used in many situations. Some are written in legalese; others written in plain language. And some provide more types of protection than others.

While waivers may vary in length, specificity, and verbiage, one of the most important determinants of whether the waiver will protect the activity provider is one or two sentences comprising what is called the exculpatory language.

Inadequate Exculpatory Language and Facility Improvements After an Incident Involving Possible Negligence

By Doyice Cotten

Lisa Garvine fell from her horse during a charity horse ride offered by Oxford Grain & Hay Company on land owned by the State of Maryland. This suit ensued (Garvine v. Maryland, 2019).

While moving to the start line, Garvine and her horse fell into a creek that was lower than the trail and hidden by undergrowth. There were no barriers or warning signs to warn riders of a culvert,