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,
By Doyice Cotten
Last week’s post, Court in Texas Trampoline Park Case Enforces Waiver for Gross Negligence, involved an occasion when a Texas Appellate court did enforce a waiver for gross negligence. But, when one looks at previous court rulings,
By Doyice Cotten
Ravi Thackurdeen drowned while swimming at a Costa Rican beach at the end of a college study abroad while enrolled at Duke University and the Organization for Tropical Studies (OTS). His parents sued both entities alleging wrongful death and negligence (including gross negligence) (Thackurdeen v.
By Doyice Cotten
Karrol Leadbetter went snow tubing at Family Fun Management, a Maine amusement center. She suffered an injury and sued the center alleging negligence, gross negligence, and recklessness (Leadbetter v. Family Fun Mgmt,
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,
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.
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.
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.
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,
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.