Minnesota passes language requirement for liability waivers
Thanks to Allison for permission to republish her informative article – © 2013 Eklund Law, PC.
As the dust settled from the Minnesota State Legislature’s spring session,
Tag Archives: gross negligence
D.C. Court Rules on Opportunity to Negotiate, Gross Negligence/Recklessness, and Lack of Consideration
Waivers Upheld for Negligence in 3 of 4 Trail Ride Cases in 2013
By Doyice Cotten
Trail rides have been a risky proposition for women in 2013. As can be seen below, a well-written liability waiver for trail rides will provide protection for equine providers from liability for ordinary negligence in most states.
Michigan “Warrior Dash” Waiver Protects Against Negligence (But Not Gross Negligence or W/W Misconduct)
By Doyice Cotten
This is the first case encountered by the author that has resulted from one of the popular adventure-obstacle races such as Spartan Race and Tough Mudder. Here, the waiver used for Warrior Dash is challenged.
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.
New Minnesota Law Voids Some, But Not All, Waivers
Alexander T. Pendleton, Kohner, Mann & Kailas, S.C.
An attempt by a group of Minnesota legislators to amend Minnesota law so as to void all waiver-of-liability agreements has failed. Instead, the legislature adopted a bill that provides that any agreement between parties for a “consumer service” (including a recreational activity),
Waiver Protects Tennessee Motorcycle Safety School from Loss
By Doyice Cotten
Ruth Maxwell, a 58-year-old Tennessee resident, saw an ad for a motor scooter convention and decided it would be a fun and economical way to travel to and from work.(Maxwell v. Motorcycle Safety Foundation,
Understanding Negligence and Liability: “Causes of Injury” (Part 3)
What Does Your Waiver Protect Against? Inherent Risks – Ordinary Negligence – Acts Greater than Ordinary Negligence
By Doyice Cotten
There are literally hundreds of waiver cases in which the waiver protected the provider from liability for ordinary negligence by the provider. In the Salinger case below, the waiver specifically stated that Grace Farms was released from liability for negligence (meaning ordinary negligence) and would have protected the provider from such liability.
A Look at Florida Waiver Law!
This is a well-researched article pointing out some important aspects of Florida waiver law. Thanks to Nina Conte for allowing SportWaiver.com to publish this article. Nina received her law degree from Florida International and is an associate with Cole, Scott,