By Doyice Cotten
Bradford Jones and his son Forbes collided with each other while riding jet skis. Bradford was injured and subsequently sued both The Barge, LLC and its owner David Hubert. The trial court granted summary judgment in favor of defendants based on the liability waiver signed by Jones prior to the ride.
By Doyice Cotten
Bradford Jones and his son, Forbes, rented jet skis from The Barge, LLC, owned by David Hubert. As they began riding, Bradford was injured when he turned suddenly and stopped in front of the inexperienced boy’s jet ski.
By Doyice Cotten
Deanna Perkinson was on a trail ride with a good friend and several others when the horse her friend (Sarah Courson) was riding suddenly kicked her; the result was a broken bone and two subsequent surgeries (Perkinson v.
By Doyice Cotten
In Waivers & Releases of Liability (7th ed.), this author devotes two entire chapters (More than 50 pages) to how to write an effective waiver. One can construct a great waiver by following the guidelines presented.
By Doyice Cotten
Waivers may fail for a number of reasons. Over the last several years it seems that there is a rash of failures because the waiver was 1) too narrowly constructed, 2), overly broad or 3) did not specifically name a party seeking protection.
