Tag Archives: Peru

Helping Providers to Understand a Major Defense: Assumption of Risk


This article was originally published on Recreation-Law.com, an excellent newsletter dealing with outdoor sport and recreation law. Its author, James H. Moss, J.D., is a well-known attorney specializing in the outdoor recreation industry. Jim has kindly granted permission to reprint the article.

Even Hikers Sue for their Injuries

By James H. Moss, J.D.

Citation: Kalter, et al., v. Grand Circle Travel, et al., 631 F.Supp.2d 1253 (C.D.Cal. 2009)

State: California, United States District Court,

What Makes a Waiver Adhesionary – and consequently unenforceable?


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. Unfortunately, this is also the definition of a contract of adhesion. Worse news yet, adhesionary contracts in most states are against public policy and unenforceable. But, for the good news, courts are consistent in holding that sport,

Risk Management Observations in Lima

By Doyice Cotten and Mary B. Cotten

On a recent visit to Peru, we noted some situations that would have benefitted from a good risk management program and, happily, a number of instances where good risk management practices were used.

In Lima, or more accurately, its suburb Miraflores, we saw surprising few real hazards. The area was clean and relatively safe. Photos 1 through 3 include some hazards found while walking on one of its busy sidewalks.