Which States “Require” the Use of the Term “Negligence” in Waivers
Tag Archives: negligence
Arkansas Martial Arts Waiver Enforced without the Term “Negligence”
By Doyice Cotten
Pedro Trujillo suffered an injury while training at TK Martial Arts Academy and died two days later. It was alleged that Pedro was injured when two teaching assistants threw him to the ground numerous times while under the supervision of the instructor – who knew Pedro’s head was striking the floor.
Waivers OK in Montana – New Statute
By Doyice Cotten
For years there have been three states that prohibit the enforcement of pre-injury liability waivers: Louisiana, Montana, and Virginia. Now there are only two as the Montana Legislature has passed HB0204. Granted, there are a few more states in which courts are rather reluctant to enforce waivers.
Effects of the West Virginia Nonprofit Adventure and Recreational Activity Responsibility Act §20-16-1 upon Liability Waivers
Connecticut Wall Climbing Waiver Fails
Florida Supreme Court Rules on the Need to Include “Negligence” Language in Liability Waivers
For some time, the appellate courts in Florida have disagreed as to whether a waiver must include the term “negligence,” “negligent acts,” or similar language in order to be enforceable. In Sanislo v.
Will Waivers Work in NY? More New York Cases Involving G.O.L. 5-326
By Doyice Cotten
In last week’s post, A Look at the Instructional Element of New York’s G.O.L. 5-326 Statute Prohibiting Certain Waivers of Liability , we examined three cases involving New York’s G.O.L. 5-326.
Hawaii Waiver Law Clarified: Waivers Don’t Protect Against Negligence!!!
By Doyice Cotten
Waiver law in Hawaii has been unclear for some time. In the past, waivers have been enforced in Hawaii, however, in 1997 the Hawaii Legislature passed HRS § 663-1.54 which read in part:
(a) Any person who owns or operates a business providing recreational activities to the public,
Kentucky Motocross Race Waiver Upheld for Negligence and Willful and Wanton Negligence
Waivers and Persons-with-Disabilities: Do the Same Rules Apply?
