Tag Archives: express assumption of risk

An Outline of the Assumption of the Risk Doctrine in California

By Doyice Cotten

The doctrine of assumption of risk provides liability protection for sport and recreation providers in many states. This post attempts to summarize or outline the doctrine in California and show how liability waivers fit in. Your state may be similar or your state may be one in which the doctrine is no longer followed. This outline is drawn from statements in Knight v. Jewett (1992), an important California Supreme Court case and a few more cases as noted.

Assumption of Risk Determines Ruling in a Washington Tubing Case

By Doyice Cotten

This case has some similarities to the Swigart v. Bruno California case in last week’s post.  Each case was determined by an assumption of risk and not by a waiver of liability.

Pellham participated in an inner tube float in which his tube struck a fallen log in the water. The plaintiff sued the rental company claiming that the defendants owed him a duty to warn about a fallen log in the river and for gross negligence (Pellham v.

Waiver Protects University Karate Instructor who Injured his Student

By Doyice Cotten
Aaron Morgan was a Kent State University student enrolled in a beginning karate class when he suffered injury. The instructor was demonstrating a technique when Morgan dropped his guard; this resulted in a blow to the face. Morgan alleged negligence on the part of the instructor since facial contact was prohibited and the instructor failed to wear protective gloves – the instructor’s own policy (Morgan v. Kent State University, 2015).

A Cursory Look at California Waiver Law

By Doyice Cotten

Note: This posting is not intended to provide an comprehensive presentation on California waiver law, but rather to offer the reader a brief look at what some of the courts have said about waivers and their enforcement.

Requirements

“California courts require a high degree of clarity and specificity in a release in order to find that it relieves a party from liability for its own negligence.” (Cohen v.

Waiver Terminology (Part I)

By Doyice Cotten

 Most professionals recognize the terms “waiver of liability,” “release and “assumption of risk.” Most, however, are not sure about how these and other similar terms are defined and what their exact function is. In this 3-part series, I will present a brief description of each, along with its intended function. If you encounter some of these terms often, it is probably important that you understand them.

 Most of these documents are legal contracts and must be signed by adults.