Tag Archives: gross negligence

Yikes!! An Injury — Am I Liable?

By Doyice Cotten 

Sport and recreation managers are often confused about their liability in the event of an injury. This is understandable because the law is far from simple. The intent of this post and the included table is to reduce at least some of the confusion.

First, injuries result from one of three causes. The cause of injury may be a simple accident or an “inherent risk” of the activity. In this case the provider usually has no liability providing the injured party was aware of the inherent risks of the activity.

Summary Judgment Rulings in Recent New Jersey Waiver Cases when Gross Negligence is Alleged

By Doyice Cotten

Plaintiffs often allege both negligence and gross negligence when injured and seeking redress. New Jersey law generally holds that “contracting parties are afforded the liberty to bind themselves as they see fit.” Waivers of provider negligence, however, are disfavored in law and must be subjected to close judicial scrutiny. Such waivers must reflect the intent of the party giving up rights to do so voluntarily and with knowledge of the consequences. Further the signer of a contract,

Do Texas Courts Enforce Waivers for Gross Negligence?

By Doyice Cotten

Last week’s post, Court in Texas Trampoline Park Case Enforces Waiver for Gross Negligence, involved an occasion when a Texas Appellate court did enforce a waiver for gross negligence. But, when one looks at previous court rulings, it becomes clear that there are two schools of thought on the matter of whether waivers can protect against liability for gross negligence.

Some Texas courts feel that gross negligence is not a separate cause of action from that of negligence.

Court in Texas Trampoline Park Case Enforces Waiver for Gross Negligence

By Doyice Cotten

Graciela Quiroz and her sixteen-year-old son went to Jumpstreet for trampolining. Before jumping, she signed a pre-injury waiver of liability “Jumpstreet, LLC Release and Parent/Guardian Waiver of Liability and Assumption of Risk.” After signing the waiver, Graciela attempted to do a flip and injured her neck; this resulted in paralysis from the waist down. She sued Jumpstreet for negligence and gross negligence and as next friend of two minor children for their loss of parental consortium and for mental anguish;

Niagara Jet Boat Patron Challenges Waiver on Negligence, Violation of a Safety Statute, Breaching a Condition of a Contract, and Gross Negligence

By Doyice Cotten

Scott and Sarah Witkowski and their son rode a Niagara Jet Adventures(referred to as Niagara) jet boat after having signed a waiver of liability. The boat hit a large wave throwing Scott and the son into Sarah causing injury.  The Witkowskis sued Niagara alleging negligence and gross negligence. They also alleged negligence per se claiming Niagara violated a safety statute (This was not properly pled and was dismissed.)

The Waiver

Pertinent parts of the waiver read:

“In consideration of participating in whitewater,

Drowning on a College Study Abroad Illustrates North Carolina Waiver Law

 

By Doyice Cotten

Ravi Thackurdeen drowned while swimming at a Costa Rican beach at the end of a college study abroad while enrolled at Duke University and the Organization for Tropical Studies (OTS). His parents sued both entities alleging wrongful death and negligence (including gross negligence) (Thackurdeen v. Duke Univ., 2018).

The students were taken on a “celebratory trip” to the beach on the last day of the trip.

Snow Tubing Case Helps to Clarify the Tough Maine Waiver Law

By Doyice Cotten

 Karrol Leadbetter went snow tubing at Family Fun Management, a Maine amusement center. She suffered an injury and sued the center alleging negligence, gross negligence, and recklessness (Leadbetter v. Family Fun Mgmt, 2018).

The snow tube course consists of a number of parallel snow-covered tracks divided by man-made berms of snow. At the bottom of the tracks is a common runout area with a man-made pile of snow, which acts as a retaining wall to slow snow tubers at the end of their runs.

Bicycle Racer Killed in Collision with Support Vehicle Parked in the Traffic Lane

By Doyice Cotten

Suzanne Rivera competed in a bicycling race organized by Velo Promo, LLC and USA Cycling, Inc. During the race, she struck a support van  parked in the lane of the road designated for the cyclists on a downhill, curved section of the course. She was killed. The heirs sued defendants Velo Promo, USA Cycling and Richard Ciccarelli (the driver of the support van) alleging negligence (and gross negligence).(Rivera v. Velo Promo,

Risk Management Failures in Massachusetts YMCA Result in Death

By Doyice Cotten

Reminder: There is a new Fitness Law Academy Newsletter designed specifically for fitness professionals. It is written by Dr. JoAnn Eickhoff-Shemek, a fitness industry authority. And the best news of all —  its FREE!.    Click here for your free subscription!   djc

The last post dealt with a risk management failure resulting in quadriplegia. This post also involves abysmal risk management – this time resulting in the death of a 62-year-old man (Miller v.

Michigan Court Explains Distinction between Negligence & Gross Negligence in Roller Derby Case

By Doyice Cotten

Elizabeth Dudros was injured when she struck a wall located only five feet from the roller derby track during a non-contact drill. She had to swerve to avoid a pile-up causing her to strike the wall (Budros v. Womens’ Flat Track Roller Derby Association, 2017 Mich. App. LEXIS 1525).

Budros had purchased WFTDA insurance before skating; the policy included a waiver of liability. The Traverse City Roller Derby (TCRD) athletic director showed Budros around the track prior to the drill.