By Doyice Cotten
Troy Czapor executed an exculpatory waiver, releasing Sportsplex from liability arising out of ordinary negligence and assuming the risk of any injury. Czapor alleges that he was playing soccer “when suddenly and without warning his right leg got caught in a depression,
By Doyice Cotten
David Martin participated in a charitable clay shooting event at HFC in Andover, New Jersey. The event had “multiple starting stations at which the charity participants would begin their shooting activities. Some participants at certain locations walked to those locations;”
By Alexander “Sandie” Pendleton
Alexander Pendleton is a practicing attorney in Milwaukee, Wisconsin. He has a strong interest in sport and recreation waivers.
Are you sure you know who is signing your waivers? The perils of not knowing were emphasized in a 2021 Pennsylvania federal court decision in which the court refused to enforce a signed waiver.
by Doyice Cotten
Jasmin Urena was working out at the Wyomissing LA Fitness of which she is a member. After the workout, she relaxed in the sauna, after which the first step collapsed as she got up to leave.
By Doyice Cotten
We have written before about the distinction between ordinary negligence and gross negligence:
Ordinary negligence is the failure to use such care as a reasonably prudent and careful person would under similar circumstances.
By Doyice Cotten
Notice of Error: The ruling was erroneously reported in this post. The Pennsylvania Supreme Court ruled that the waiver was enforceable.
Derek Valentino drowned during the swimming leg of the Philadelphia Triathlon in 2010 (Valentino v.
By Doyice Cotten
The Pennsylvania Supreme Court (Tayer v. Camelback Ski Corporation, Inc., 2012) addressed the issue of the
enforceability of waivers when the act in question was recklessness;
By Doyice Cotten
It is well-established that the common law imposes a duty of care on business owners to maintain safe premises for their business invitees (clients or potential clients). Justification of this is that the law recognizes that an owner is in a better position to prevent harm than is the invitee.
By Mary Cotten
A waiver of liability in the sport, recreation, or fitness industry can usually be accurately described as a standardized agreement printed on the company’s form, offering little or no opportunity for negotiation or free and voluntary bargaining by the signer.
By Doyice Cotten
This author has frequently written about the duration of liability waivers. In a three-part series in 2017, posts addressed a Virgin Islands waiver written intending a one-year duration where the injury occurred after the one-year period – the court ruled it to be unenforceable;