Two-Year-Old Loses Toe on a Slide
By Doyice Cotten
In 2018, two-year-old girl lost her little toe while sliding down a sliding board into a splash pad at Buzzards Bay Park in Bourne, MA. At the time she went down the slide,
Tag Archives: Massachusetts
Risk Management Failures in Massachusetts YMCA Result in Death
By Doyice Cotten
Reminder: There is a new Fitness Law Academy Newsletter designed specifically for fitness professionals. It is written by Dr. JoAnn Eickhoff-Shemek, a fitness industry authority. And the best news of all — its FREE!.
Massachusetts Indemnity Clause Enforced in Ultimate Frisbee Case
By Doyice Cotten
Liability waivers often include an assumption of risk, a waiver of liability for negligence, and an indemnification agreement. The purpose of the waiver of liability is to protect the provider from liability in the event of participant injury.
Law Requires AEDs in Massachusetts Schools: What About Your State?
By Doyice Cotten
On January 13, 2017, the Governor of Massachusetts signed into law Bill S.2449 mandating automated external defibrillators (AEDs) in Massachusetts schools. The law provides that AEDs be in all public schools in the state and that at least one staff member be trained in its use.
Duration of Waivers: A 3 Part Series – Part 3
Part 3
By Doyice Cotten
In a Massachusetts case (Borges v. Sterling Suffolk Racecourse, Inc., 2000), Israel Borges, a trainer, sustained injuries when he slipped due to ice on the ground and fell while on property at the Suffolk Downs Track owned and controlled by the defendants.
Massachusetts Skydiving Waiver Case Yields Some Interesting Results Regarding: Opportunity to Bargain, Unconscionability, & Strict Liability
By Doyice Cotten
Tricia Cahalane was seriously injured while performing a tandem skydiving activity. In the tandem skydive, she was attached to Marcus Silva, an employee, by a harness. During the skydive, Silva performed a “hook turn;” Hook turns were allowed at that time,
Waiver and Indemnity Agreement Upheld for Ordinary Negligence in Massachusetts Triathlon Case
Waiver Should Specify What Action is Being Released!
By Doyice Cotten
A lot rides on a liability waiver; they often determine whether the provider wins or loses a negligence suit. It is important enough that the waiver creator should take care to make certain that the waiver clearly defines the intent of the document.