Tag Archives: Maryland

Inadequate Exculpatory Language and Facility Improvements After an Incident Involving Possible Negligence

By Doyice Cotten

Lisa Garvine fell from her horse during a charity horse ride offered by Oxford Grain & Hay Company on land owned by the State of Maryland. This suit ensued (Garvine v. Maryland, 2019).

While moving to the start line, Garvine and her horse fell into a creek that was lower than the trail and hidden by undergrowth. There were no barriers or warning signs to warn riders of a culvert,

A Unique Challenge to a Waiver – Retract the Waiver

By Doyice Cotten

In this case, two persons (Cynthia Mowery and Brian Alexander), injured in separate incidents, sued The Eastern Shore Criminal Justice Academy and the instructor, Barry Smith, alleging gross negligence in causing serious injuries. Each was in training at the Academy and each had signed a liability waiver (Mowery v. Smith, 2019).

The Unique Defense

The case addressed several issues, including Maryland waiver law [which will be presented in greater detail in a subsequent post].

Evaluating a Waiver

By Doyice Cotten

 

In waiver cases, a court has to determine if the liability waiver does, indeed, protect the defendant from liability for negligence. In this post, we will examine a recent waiver addressed in Garvine v. Maryland, (2018) to see how courts address this task and give the reader a little insight into the sometimes complicated process of evaluation.

 

Waiver in Question

Oxford Feed &

Maryland Vendor/Landlord Waiver Fails Due to Statute

By Doyice Cotten

Eugene Jaeger, operator of the Unicorn Strings Music Company was a vendor at the outdoor International Renaissance Festival (IRF) in Maryland when he slipped and fell while walking on a gravel walkway and a boardwalk to go to the restroom. While on the boardwalk, he stepped onto a patch of a slippery substance and fell.(Jaeger v. International Renaissance Festivals, LTD, 2017 U.S. Dist. LEXIS 72539)

He had signed a waiver of liability in his vendor lease;

State Waiver Laws Differ: An Illustration

By Doyice Cotten

Just this week I was told by a health club employee that “Waivers are not worth the paper they are written on.” I had not heard that bit of erroneous information in some time; most sport, recreation, and fitness professionals today have at least a general idea that waivers can be effective in protecting an enterprise from liability for injuries.

The fact is that in at least 45 states, a well-written waiver signed by a assenting adult can effectively protect an activity provider from liability for injuries resulting from the ordinary negligence of the activity provider.