This article was originally published on Recreation-Law.com, an excellent newsletter dealing with outdoor sport and recreation law. Its author, James H. Moss, J.D., is a well-known attorney specializing in the outdoor recreation industry. Jim has kindly granted permission to reprint the article.
By Doyice Cotten
Jim McNeil was a professional motocross rider and jumper; he was killed in an incident in which he was attempting to make a 75 foot jump over a motorhome (McNeil v. Freestylemx.com, 2016).
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.
By Doyice Cotten
The primary purpose of a liability waiver is to protect the entity from liability for injuries resulting from the negligence of the entity and its employees. A secondary function of the waiver is to help provide protection from liability for injuries resulting from the inherent risks of the activity.
By Doyice J. Cotten
Stefana Pecher took riding lesson at Showtime Stables which was owned by Rhea Distefano. After about six lessons, the horse ridden by Pecher was acting lazy, was not obeying commands, and was reacting slowly.
By Doyice Cotten
James McConnel was injured while participating in Segway Polo associated with Omni Hotels Management Corp. The issue came up as to the admissibility of the waiver signed by McConnel (McConnel v. Omni Hotels Mgmt.
We are revisiting five of Reb Gregg’s previous posts on Sportwaiver.com. Nothing has changed since the article was originally posted. It provides important information for the service provider.
Doyice
Readers will find that this to be an informative legal liability article.
By Doyice Cotten
The Florida Supreme Court (Kirton v. Fields, 2008) has ruled that parental waivers designed to protect commercial entities from liability for negligence are not enforceable. Florida appellate courts, however,
By Doyice Cotten
Waiver law in Hawaii has been unclear for some time. In the past, waivers have been enforced in Hawaii, however, in 1997 the Hawaii Legislature passed HRS § 663-1.54 which read in part:
(a) Any person who owns or operates a business providing recreational activities to the public,
