Tag Archives: negligence

Waiver Not Against Public Policy in Pennsylvania Health Club Slip & Fall Incident

By Doyice Cotten

Dolores Vinson, a member of LA Fitness, slipped and fell when she stepped on a wet mat. She sued the club for negligence in their maintenance (Vinson v. Fitness & Sports Clubs, LLC, 2018). The club claimed protection based on a liability waiver in the membership agreement. The trial court granted the LA Fitness motion for summary judgment.

Pennsylvania Law

The Pennsylvania Supreme Court has named three conditions that must be met for a waiver to be enforceable.

Does an Indiana Climbing Wall Waiver Protect Against Claim Negligent Training of Employees?

By Doyice Cotten

Alexis Wiemer visited Hoosier Heights Indoor Climbing Facility in October, 2014. Weimer attended a facility orientation in which an employee, Kayli Mellencamp, conducted an employee-guided training on how to boulder, belay, and top rope climb. Wiemer then signed a Waiver form. Pertinent parts of the waiver form read:

RELEASE AND ASSUMPTION OF RISK: In consideration of being permitted to use the facilities of Hoosier Heights Indoor Rock Climbing Facility L.L.C., and mindful of the significant risks involved with the activities incidental thereto,

Michigan Court Explains Distinction between Negligence & Gross Negligence in Roller Derby Case

By Doyice Cotten

Elizabeth Dudros was injured when she struck a wall located only five feet from the roller derby track during a non-contact drill. She had to swerve to avoid a pile-up causing her to strike the wall (Budros v. Womens’ Flat Track Roller Derby Association, 2017 Mich. App. LEXIS 1525).

Budros had purchased WFTDA insurance before skating; the policy included a waiver of liability. The Traverse City Roller Derby (TCRD) athletic director showed Budros around the track prior to the drill.

Is the Word “Negligence” Required for Waivers in New York Courts?

By Doyice Cotten

In 2016, Michelle Kalinkina, a professional model agreed to have a public haircut and styling demonstration. During the haircut, the stylist cut Kalinkina’s neck causing physical injury and scarring. She subsequently sued for damages alleging negligence and gross negligence (Kalinkina v. Martino Cartier Enterprises, LLC, 2017 U.S. Dist. LEXIS 95670).

Cartier provided a waiver signed by Kalinkina as a defense against the negligence claim. The waiver read:

I am providing modeling services for International Designs Corp.

University Study-Abroad Student Drowned in Costa Rica

By Doyice Cotten

Note: This is the third consecutive post (involving law in three states in three types of activity) in which assumption of risk has played a major role.

20-Year-old Erik Downes, college student at Oglethorpe University, drowned in the Pacific Ocean while he was in Costa Rica attending a study-abroad program. His parents brought a wrongful death suit against the university alleging negligence and gross negligence. Oglethorpe argued that 1) it owed no legal duty to Downes;

Bounce House Rental Waiver Protects One Stop Rental Tool and Party from Liability

By Doyice Cotten

Richard Whitson rented an inflatable bounce house from the defendant, One Stop. Whitson had rented the house in the past.The bounce house weighs over 400 pounds and comes in a vinyl bag, uninflated.   The bag has a strap on the bottom and a cinch strap at the top to keep the bag closed. Whitson watched employees load the house into the back of his truck (Whitson v. One Stop Rental Tool & Party,

Poorly Written New York Church Waiver Fails

By Doyice Cotten

Panagiota Melis, a member of the Helenic Orthodox Church, slipped and fell on snow and ice in the Church’s parking lot after parking her vehicle. She filed suit against the church alleging negligence (Melis v. Helenic Orthodox Community, 2017 N.Y. Misc. LEXIS 981).

The church claimed protection from a waiver and assumption of risk document signed previously by the plaintiff. The court ruled that General Obligations Law (“GOL”) 5-326 did not apply and did not serve to prevent the enforcement of the waiver because the church was not a place of amusement or recreation.

Risk Management in Today’s World (Revisited)

We are revisiting five of Reb Gregg’s previous posts on Sportwaiver.com. Nothing has changed since the article was originally posted. It provides important information for the service provider.

Doyice

Thanks to Reb Gregg for permission to publish this thought provoking treatise on risk management in today’s world. Reb would welcome discussion on the topic and we will be happy to post your comments on this site. Reb would like to know which of these issues, or others, are most significant for your sport,

Do Industry Standards Increase our Liability? (Revisited)

We are revisiting five of Reb Gregg’s previous posts on Sportwaiver.com. Nothing has changed since the article was originally posted. It provides important information for the service provider.

Doyice

Readers will find that this is one of the best pieces to be found relating to industry standards and liability. Our thanks go to author “Reb” Gregg and to Steve Smith who originally published the article in Touchstones – News and Resources for Outdoor Programs for permission to run the article in SportWaiver.com.

Duty and Liability (Revisited)

We are revisiting five of Reb Gregg’s previous posts on Sportwaiver.com. Nothing has changed since the article was originally posted. It provides important information for the service provider.

Doyice

by Charles R. Gregg

Readers will find that this to be an informative legal liability article. “Reb” Gregg is one of the nation’s top adventure law attorneys. This article originally appeared on Reb’s website.

Q. How do I run a good program without being sued?