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;
By Doyice Cotten
This post examines another important issue in the Witkowski v. Niagara Jet Boat Adventures, LLC, 2020 case – Gross Negligence or Ordinary Negligence.
In the jet boat case, the Witkowski’s took a jet boat ride and Sarah Witkowski suffered injury.
By Doyice Cotten
The Pennsylvania Supreme Court (Tayer v. Camelback Ski Corporation, Inc., 2012) addressed the issue of the
enforceability of waivers when the act in question was recklessness;
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.
By Doyice Cotten
Most sport, recreation, and fitness professionals have an idea (though they are often incorrect) of what constitutes ordinary negligence. Many understand that
ordinary negligence is the failure to exercise the level of care that someone of ordinary prudence would have exercised under the same circumstances.
By Doyice Cotten
Robert Wagner, a Life Time Fitness client, suffered injury when he stepped onto a treadmill that was already in motion. No detail was given as to how the club was negligent (Wagner v.
By Doyice Cotten
Matthew Rose rented a 2014 Polaris snowmobile from Summit Lodge. While approaching an opening in a wooden fence on the snowmobile, the throttle stuck on full-throttle and resulted in an injury to Rose.
The snowmobile has a thumb-operated throttle lever for acceleration;
By Doyice Cotten
Sport and recreation managers are often confused about their liability in the event of an injury. This is understandable because the law is far from simple. The intent of this post and the included table is to reduce at least some of the confusion.
By Doyice Cotten
The primary purpose of a liability waiver is to protect the entity from liability for injuries resulting from the negligence of the entity and its employees. A secondary function of the waiver is to help provide protection from liability for injuries resulting from the inherent risks of the activity.
By Doyice Cotten
Plaintiffs often allege both negligence and gross negligence when injured and seeking redress. New Jersey law generally holds that “contracting parties are afforded the liberty to bind themselves as they see fit.” Waivers of provider negligence,