By Doyice Cotten
Steven Gilliam and Calvin Sanders chartered a boat from New Pelican Charters, LLC and both plaintiffs suffered back injuries when, seeing that the boat was about to collide with another fishing boat, tried to quickly move to a safer part of the boat.
By Doyice Cotten
This post examines another important issue in the Witkowski v. Niagara Jet Boat Adventures, LLC, 2020 case – Gross Negligence or Ordinary Negligence.
In the jet boat case, the Witkowski’s took a jet boat ride and Sarah Witkowski suffered injury.
By Doyice Cotten
In 2016, Sarah Witkowski and her husband, Scott, were passengers on a jet boat operated by Niagara Jet Adventures, LLC, (“Niagara Jet”) when she suffered injury. They sued alleging negligence or willful and reckless conduct.
By Doyice Cotten
Sport, recreation, and fitness businesses regularly depend upon liability waivers for protection from liability for injuries resulting from the negligence of the business. What is still astounding is the quality of some of the waivers relied upon by some businesses.
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;
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.
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,
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,
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,
