Tag Archives: “negligence” requirement

Hanrahan-Fox v. Top Gun Shooting Sports (2019): A Look at Missouri Waiver Law

By Doyice Cotten

Marie Hanrahan-Fox, after patronizing the shooting range operated by Defendant Top Gun Shooting Sports, alleged that she suffered irreversible hearing loss due to the inadequate hearing protection provided her by Top Gun.  She claimed that Top Gun was negligent; in addition, her husband made a claim for loss of consortium.  They also made a products liability claim against Pyramex Safety Products, LLC, which was not before this court.

Top Gun moved for Summary Judgment based on the waiver signed by the plaintiff. 

The Importance of a Well-written Waiver

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. Some small businesses have investments of hundreds of thousands of dollars; other businesses’ investments are in the millions. In spite of this, some are relying upon what seems to be a 25 cent waiver.

In New Pelican Charters,LLC v.

A Look at the Instructional Element of New York’s G.O.L. 5-326 Statute Prohibiting Certain Waivers of Liability

By Doyice Cotten

The rulings in three 2014 New York State cases ride on whether the purpose of the business or institution is primarily instructional or primarily recreational.

One-on-One Training Facility

In Kim v. Hanson (2014 N.Y. App. Div. LEXIS 8187), the plaintiff was engaged in a personal training program under the supervision and instruction of the trainer when he suffered an injury. The injury occurred at a one-on-one training facility; the plaintiff had previously signed a waiver of liability.

Michigan “Warrior Dash” Waiver Protects Against Negligence (But Not Gross Negligence or W/W Misconduct)

By Doyice Cotten

This is the first case encountered by the author that has resulted from one of the popular adventure-obstacle races such as Spartan Race and Tough Mudder. Here, the waiver used for Warrior Dash is challenged.

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In July 2011, James Sa participated in a two-day event known as the “Warrior Dash” which is a 5k running race with obstacles, including jumping over fire, wall climbing,