Tag Archives: Nevada

Riding a Mechanical Bull after much “Socializing” Might Not be the Best Idea!

Doyice Cotten

Joseph Kuchta, while socializing with friends at Gilley’s Nightclub in Sparks, Nevada, observed the operation of a mechanical bull. He expressed interest in a gentle ride like the ones he had observed, termed a 2 out of a possible 10 in roughness. The employee demonstrated how easy a slow ride was and Kuchta agreed to do it. He was required to sign a liability waiver which stated the potential risks and possible injuries involved in riding the bull,

Multiple Waivers and Multiple Business Names Cloud A Trail Ride Case

By Doyice Cotten

Brenda Martz-Alvarado was injured when dismounting from a trail ride. She sued the property owner, Tomi Truaz, and the owners of the trailride, Forrest and Georgia Riddle (dba Grand View Horse Tours).

Truaz was running a business at the property operating under the name Grand View Horse Tours. Martz-Alvarado purchased a trail-riding experience through a third party website and as part of securing her reservation, she agreed to a waiver of liability.

“that being around horses is inherently dangerous” and that she would assume all risks.

Nevada Supreme Court Rules on Waiver in a Gym Membership Agreement

By Doyice Cotten

Nathan Waldschmidt was injured while using the Edge Fitness facilities and filed suit challenging the waiver he had signed previously. He claimed the waiver was ambiguous.  In 2018 the Nevada Supreme Court ruled that the waiver signed by the plaintiff was enforceable (Waldschmidt v. Edge Fitness, LLC, 2018). [Neither details of the incident nor the complete waiver was reported.]

The Nevada Supreme Court upheld the summary judgment of the lower court stating that the waiver located in the gym membership contract was unambiguous.