By Doyice Cotten
Theresa Brigance was injured at Vail while taking beginning skiing lessons. Vail claimed no liability on the basis of a required liability waiver. Brigance’s ski boot became wedged under the chair in the ski lift.
By Doyice Cotten
Can a waiver fail to protect the service provider because it is too broad in scope? YES. Can a waiver fail to protect the service provider because it is not broad enough in scope? YES.
By Doyice Cotten
Several liability waivers have been enforced by Wisconsin appellate courts over the years; more important, however, is the fact that the Wisconsin Supreme Court has never enforced a liability waiver. With the advent of Roberts v.
By Doyice Cotten Waivers can fail to protect providers for a number of reasons. Often, they fail for being too narrow – for example, having the language fail to include the cause of the injury. Sometimes, however, the waiver writer attempts to be too inclusive and the waiver fails for being overly broad.
