By Doyice Cotten
A 2018 New Mexico rappelling case (Dominguez v. United States, 2018) illustrates clearly why it is important that waivers warn the signing client of the risks faced in the activity.
Sarah Dominguez,
By Doyice Cotten
Kathleen Swigart entered a long distance horse riding event conducted by the American Endurance Ride Conference (AERC), a national governing and record-keeping body for “long distance horse riding.” An endurance ride is “a highly competitive and demanding sport” in which the riders follow a specific course,
By Doyice Cotten
Roseann Jablanofsky died in an accident while taking a motorcycle safety training program. She wanted to be able to accompany her husband on motorcycle rides.
Prior to the course, she signed a waiver of liability;
By Doyice Cotten
Sport, fitness and recreation professionals know all about risk … and most know at least a little about risk management. And, certainly, we all are familiar with warning signs. Some are good, some are not effective,
By Doyice Cotten
For years there have been three states that prohibit the enforcement of pre-injury liability waivers: Louisiana, Montana, and Virginia. Now there are only two as the Montana Legislature has passed HB0204. Granted, there are a few more states in which courts are rather reluctant to enforce waivers.
Readers will find that this to be an informative legal liability article. “Reb” Gregg is one of the nation’s top adventure law attorneys. This article originally appeared on Reb’s website.
This Table is excerpted from the 7th edition of Waivers & Releases of Liability by Doyice and Mary Cotten.
Have you ever wondered “What is the difference between assumption of risk and a waiver?” What about “‘What exactly is the function of a waiver?”
