Tag Archives: Georgia

Georgia Recreational Property Act Protects

By Doyice Cotten

Last week’s post, Waiver Protects Cheerleader Organization from Liability for Negligence in Georgia, examined the effect of a waiver on the liability of Georgia All Stars (GA). The court also said that GA was protected by the Georgia Recreational Property Act (OCGA § 51-3-20 et seq.). In this post, we will examine the latter source of liability protection for some recreation providers. To review, Kimberly Shields sued RDM, LLC d/b/a Georgia All Stars for negligence when Kimberly tripped and fell from mats on the floor at an exhibition of participants’ routines for parents to view in the practice area of the gym.

Waiver Protects Cheerleader Organization from Liability for Negligence in Georgia

By Doyice Cotten

Kimberly and James Shields sued RDM, LLC d/b/a Georgia All Stars (GA) for negligence when Kimberly tripped and fell from  mats on the floor at an exhibition of participants’ routines for parents to view in the practice area of the gym. Their daughter was a participant in Special Twist (a “special needs all star cheer and dance team.”)  Special Twist is not part of the Georgia All Stars facility or teams, but is instead an independent 501 (3) (c) organization that was invited to participate in the exhibition on the night in question.

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;

LOST WAIVERS: What Happens If You Can’t Produce a Signed Waiver?

LOST WAIVERS: What Happens If You Can’t Produce a Signed Waiver?

By Doyice Cotten

A recreation or sport provider is only half way home when they require that a client sign a liability waiver. The other half is being able to produce that waiver a year or two later when the lawsuit comes to trial.

Lost or missing waivers can be costly to the service provider.  In a New York case (Schaeffer v.

Hydration of Athletes — “Under-hydration and Over-hydration Creates Risk!”

By Doyice Cotten

Each Summer and Fall in the deep South, coaches and athletes repeatedly hear “stay hydrated.” As football practices begin in August with the high Southern humidity and the temperatures running 90, 95, and even higher, coaches and players hear the mantra over and over. . .” stay hydrated.” And each year some players fail to do so and suffer heat stroke, heat exhaustion, and sometimes death.

While this is good advice,

Waivers Protect Georgia Health Club and Personal Trainer

 By Doyice Cotten

A man and his wife joined a gym, signing a total of 3 waivers of liability. He began working with a personal trainer and on the day he suffered a stroke, he took a food supplement (R.A.G.E.), which he had bought elsewhere, and did a workout with the trainer. He sued the gym alleging the workout was too vigorous and sued the drug manufacturer.

The first document he signed was a membership agreement with an exculpatory agreement within it:

“WAIVER AND RELEASE LIABILITY”:

The Club urges you and all members to obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise class.