By Doyice Cotten
Nicholas Blakely played varsity football for Stetson University. One day, he removed himself from practice complaining that he did not feel well. He was examined by a student trainer and told to stay in the shade.
By Doyice Cotten
Mikaela Ellenwood and Jorge Casanova sued World Triathlon Corporation, Competitor Group Holdings, Incorporated, and Competitor Group, Inc. for failing to provide refunds for the Rock ‘n’ Roll Marathon Series races and Ironman events that were scheduled to take place in 2020 but were postponed or cancelled due to the global Covid-19 pandemic.
By Doyice Cotten
A waiver of liability is a contract intended to relieve a service provider from liability for injuries resulting from the negligence of the provider. Such waivers are enforceable in at least 45 states providing they meet certain requisites.
By Doyice Cotten
Many waivers, even otherwise well-written ones, fail because the language can be interpreted in two ways. This case provides us with a good example of such a waiver (Fresnedo v. Porky’s Gym III,
By Doyice Cotten
The Florida Supreme Court (Kirton v. Fields, 2008) has ruled that parental waivers designed to protect commercial entities from liability for negligence are not enforceable. Florida appellate courts, however,
By Doyice Cotten
When I travel, I make it a habit to pick up liability waivers wherever I go. On a recent trip to Florida I visited a number of water sport businesses. Of the waivers I obtained, I would like to compare two.
For some time, the appellate courts in Florida have disagreed as to whether a waiver must include the term “negligence,” “negligent acts,” or similar language in order to be enforceable. In Sanislo v.
By Doyice Cotten
Again and again I have written about the advisability of using the word “negligence” in your waiver. Actually, it is best to specify that the intent of the waiver is to relieve the provider of liability for the “negligence of the provider.”
Some waiver writers seem to be hesitant to use the actual word “negligence” – in fear,
On countless occasions, this author has stressed two points. First, is the value (or even necessity) of including specific reference to the “negligence of the provider” in the exculpatory language of a waiver.
