By Doyice Cotten
The author has written about some of the problems with having non-readers sign a waiver. There can be problems whether the person is simply illiterate or does not speak and read English. Some courts have ruled that one is responsible for what one signs and have enforced waivers signed by non readers.
By Doyice Cotten
In a recent case (Steinberg v. Sahara Sam’s Oasis, LLC, 2014), the plaintiff was injured when he attempted the FlowRider. He sued alleging negligence and gross negligence on the part of the provider.
By Doyice Cotten
Every state has some form of Good Samaritan statute which is intended to provide immunity from liability for certain parties who voluntarily and gratuitously come to the aid of injured persons. Good Samaritan laws were developed to encourage both physicians and laymen to help others in emergency situations.
James Walters joined a YMCA and signed a membership agreement containing a waiver. About three years later, he suffered injury when he slipped on a step while walking to the YMCA pool – allegedly because the slip resistant rubber on the stairs was worn off the bottom step.
By Doyice Cotten
When a person participating in a recreational or sports activity is killed due to the negligence or recklessness of the activity provider, it is apparent that the deceased party cannot sue the responsible party for damages.
