Tag Archives: overbroad

Caution to NJ Waiver Users: NJ Courts Continue to be Consistent in Limiting the Breadth of Waivers

July 6, 2022

By Doyice Cotten

In 2017, David Martin entered a charitable clay shooting event. When he arrived at the event, he signed a waiver of liability (Martin v. Hudson Farm Club, Inc., 2021). The waiver stated:

I HAVE BEEN ADVISED THAT THE RECREATIONAL USE OF FIREARMS IS AN INHERENTLY DANGEROUS ACTIVIT WHICH CAN AND DOES RESULT IN SERIOUS BODILY INJURY AND/OR DEATH ESPECIALLY IF SAFETY RULES ARE NOT OBEYED.

Overbroad Waivers and Releases

July 7, 2021

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.”

Drafting Waiver Agreements for Use in Wisconsin: It’s Not Getting Any Easier

July 9, 2013

Alexander (Sandie) Pendleton

Kohner, Mann & Kailas, S.C.

The Wisconsin Court of Appeals has issued a decision that has implications for all businesses and organizations that use waiver agreements in Wisconsin.