Tag Archives: handicapped skiing

Do Waivers Protect when the Injured Party has a Disability?

By Doyice Cotten

Sometimes activity providers are reluctant to offer activities to participants with disabilities because they fear possible injury and have doubt as to whether their liability waiver would be enforceable against a person with a disability. The following is a case that is more than 20 years old, but that accurately illustrates that there is no “special waiver law” for the disabled.

Franklin Potter, a skilled and experienced handicapped skier, was injured in the National Handicapped Downhill Championships race.