Murat Marc, a participant in a flag football league, injured his ankle when he stepped on a sprinkler head. Alleging negligence, he sued the school district which owned the field. Prior to the game, he had signed a waiver and release of liability.
By Doyice Cotten
Waivers and releases sometimes fail because the party that drew up the waiver made the waiver overbroad. Whether overbroad because it attempts to protect too many parties or because it attempts to protect against essentially “any reason whatsoever.”
By Doyice Cotten
Shana Guins, a 32 years-old woman who stood 5′ 3″ in height and weighed 180 pounds, was injured and rendered a quadriplegic during an acrobatics class. She was asked to bounce on a mini-trampoline and land with a forward roll.
Marc injured his left foot in October, 2015, while playing in a League flag football game (Marc v Middle Country Ctr. Sch. Dist. 2017 NY Slip Op 51678(U)). He jumped to catch a pass, came down on a concealed sprinkler head,
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
In 2016, Sarah Witkowski and her husband, Scott, were passengers on a jet boat operated by Niagara Jet Adventures, LLC, (“Niagara Jet”) when she suffered injury. They sued alleging negligence or willful and reckless conduct.
By Doyice Cotten
In the June 14 post (Do You Have a “Landmine” in Your Electronic Waiver?), we focused on electronic waivers. The case, Scotti v. Tough Mudder Inc. (2019), however, dealt also with whether the waiver was enforceable in light of New York’s General Obligations Law § 5-326.
By Mary Cotten
In New York, liability waivers relieving a service provider of liability for its own negligence are generally enforceable. However, sport, recreation, and fitness providers who do business in New York are familiar with one major exception,
By JoAnn M. Eickhoff-Shemek, Ph.D., FACSM
Dr. Eickhoff-Shemek is Professor Emeritus, University of South Florida (USF) and is President of the Fitness Law Academy, LLC (www.fitnesslawacademy.com). This post originally appeared in the Fitness Law Academy Newsletter,
By Doyice Cotten
Scott and Sarah Witkowski and their son rode a Niagara Jet Adventures(referred to as Niagara) jet boat after having signed a waiver of liability. The boat hit a large wave throwing Scott and the son into Sarah causing injury.