By Doyice Cotten
Courts in few states have given as much guidance regarding liability waivers for negligence as has Pennsylvania. Pennsylvania has many requirements for effective waivers, but its courts consistently enforce well-written waivers that follow these guidelines.
By Doyice Cotten
Dolores Vinson, a member of LA Fitness, slipped and fell when she stepped on a wet mat. She sued the club for negligence in their maintenance (Vinson v. Fitness & Sports Clubs, LLC,
By Doyice Cotten
Often both a husband and a wife attend a sport, recreation, or fitness facility to participate. The business has a requirement that everyone signs a waiver before participating. Is there a problem if one of the couple signs his or her own waiver and then signs the waiver of the spouse?
By Doyice Cotten
Families often visit recreational facilities and are required to sign waivers of liability in order to participate. Sometimes the father signs on behalf of the wife; sometimes the wife signs on behalf of the husband.
Part 2
By Doyice Cotten
Nicholas Weinrish was injured while operating a go-kart on the defendant’s track (Weinrich V. Lehigh Valley Grand Prix Inc., 2015). A piece of plastic covering a guardrail broke and protruded toward the track;
By Doyice Cotten
Two major problems with liability waivers are that they are sometimes misunderstood and misused by owners or managers of sport businesses. First, some sport managers think that a liability waiver provides total protection against lawsuits for injury.
By Doyice Cotten
Evans v. Fitness & Sports Club, LLC., 2016). This week we will look at Pennsylvania law and the ruling in the previous case. To review the facts:
On November 12,
By Doyice Cotten
The term “meeting of the minds” is often used in regard to contracts. This is often used to describe the mutual intentions of the parties forming the contract and is often considered a necessary requirement to the formation of a contract.
By Doyice Cotten
In a 2016 Pennsylvania health club case (Hinkal v. Gavin Pardoe & Gold’s Gym, Inc., 2016 Pa. Super. LEXIS 32), the Superior Court upheld a lower court ruling that the waiver in the gym membership agreement was valid and enforceable.
By Doyice Cotten
Roseann Jablanofsky died in an accident while taking a motorcycle safety training program. She wanted to be able to accompany her husband on motorcycle rides.
Prior to the course, she signed a waiver of liability;