Tag Archives: maritime law

Waiver enforced under Maritime Law in Puerto Rico Jet ski Case

By Doyice Cotten

In the post last week, we looked at a waiver in a Puerto Rico jet ski case (Morgan v. Water Toy Shop, Inc., 2018). The Puerto Rican court examined the case in which the plaintiff was seriously injured in a collision with another party; the plaintiff sued the shop that rented the jet ski to the party who caused the accident. Since the incident occurred in navigable waters, the suit fell under maritime law.

Within the Scope of Employment: Vicarious Liability and Maritime Law

By Doyice Cotten

Any number of parties may be named as defendants in a negligence suit. The obvious defendant is the party that committed the act leading to the injury – generally an employee of an organization or corporation. The supervisor or administrator who serves as the superior of the employee is also frequently named. And commonly, the employer of the employee (generally the “deep pocket”)  is frequently named based on the doctrine of respondeat superior (also called vicarious liability.)

The doctrine of respondeat superior states that “the negligence of the employee is imputed to the corporate entity if the employee was acting within the scope of the the employee’s responsibility and authority and if the act was not grossly negligent,

Admiralty Law Trumps GOL 5-326 Statute in NY Jet Boat Waiver Case

Admiralty Law Trumps GOL 5-326 Statute in NY Jet Boat Waiver Case

By Doyice Cotten

In New York, liability waivers relieving a service provider of liability for its own negligence are generally enforceable, with a few exceptions. One major exception is New York General Obligations Law § 5-326, which provides:

Every covenant, agreement or understanding in or in connection with, or collateral to, any contract, membership application, ticket of admission or similar writing,

Admiralty Law: How does it Relate to Recreation Waivers?

 By Doyice Cotten

Black’s Law Dictionary defines Admiralty law (also called Maritime Law) as “that system of law that particularly relates to marine commerce and navigation, to business transacted at sea or relating to navigation, to ships and shipping, to seamen, to the transportation of persons and property by sea, and to marine affairs generally.”

One might ask “What does admiralty law have to do with sport, recreation, and fitness liability waivers?” It is important to understand that admiralty law applies to activities on any navigable waterway (e.g.,

Lake Tahoe Parasailing Waiver Case Governed by Federal Admiralty Law

By Doyice Cotten

A lady was injured while parasailing on Lake Tahoe and sued alleging negligence by the provider (Cobb v. Aramark Sports and Entertainment Services, LLC, 2013 U.S. Dist. LEXIS 20139).  Prior to beginning the activity, she signed the following liability waiver intended to protect the provider from liability for injuries caused by provider negligence.

In consideration of my being allowed to participate in the parasailing  [*2] activities operated and conducted by [Zephyr],

Electronic Waivers – More Cases

By Doyice Cotten and Mary Cotten

We have previously addressed the question “Do online electronic waivers work?” (see Online Waiver Agreements: Not Worth the Paper They’re (Not) Written On?, Online Waivers/Electronic Signatures in NY,  and Waivers: Do Electronic Signatures Work?). There have been at least three recent cases addressing the issue.

Two Florida cases addressed the issue. In Hinely v. Florida Motorcycle Training, Inc. (2011 Fla.