By Doyice Cotten
Justice was 7 years old when he was severely injured (including multiple skull fractures, a brain hemorrhage, a post-traumatic seizure, and a traumatic brain injury) when he fell from an inflatable and struck a carpet-covered concrete floor.
By Alexander “Sandie” Pendleton
In a long-awaited decision, the Minnesota Supreme Court has ruled unenforceable a parental waiver agreement signed by a mother of a seven-year-old boy who was seriously injured at a commercial indoor play area.
By Doyice Cotten
In 2016, Jeanne Anderson was injured while participating in a Rugged Races event (Anderson v. Rugged races LLC, 2020). The event at which the injury occurred required the participant “To jump off a platform,
By Doyice Cotten
When Carter Justice was 7 years old, he fell off an inflatable obstacle course and hit his head on the floor in an indoor amusement park. Prior to his participation, his mother signed a parental waiver of liability which stated: (Justice v.
By Doyice Cotten
Again and again I have written about the advisability of using the word “negligence” in your waiver. Actually, it is best to specify that the intent of the waiver is to relieve the provider of liability for the “negligence of the provider.”
Some waiver writers seem to be hesitant to use the actual word “negligence” – in fear,
Thanks to Allison for permission to republish her informative article – © 2013 Eklund Law, PC.
As the dust settled from the Minnesota State Legislature’s spring session,
Alexander T. Pendleton, Kohner, Mann & Kailas, S.C.
An attempt by a group of Minnesota legislators to amend Minnesota law so as to void all waiver-of-liability agreements has failed. Instead, the legislature adopted a bill that provides that any agreement between parties for a “consumer service” (including a recreational activity),
By Alexander “Sandie” Pendleton of KMK
This article was originally published on ReleaseLaw.com.
Bills are advancing in both chambers of the Minnesota legislature which if adopted, would render liability waivers void in many settings.
By Doyice Cotten
There are literally hundreds of waiver cases in which the waiver protected the provider from liability for ordinary negligence by the provider. In the Salinger case below, the waiver specifically stated that Grace Farms was released from liability for negligence (meaning ordinary negligence) and would have protected the provider from such liability.
