Tag Archives: public interest

Tennessee Supreme Court Establishes New Standards for Waiver Enforcement

By Doyice Cotten

Courts in Tennessee have long held that waivers of liability for negligence are enforceable; in fact, waivers were not disfavored and the bar for enforcement was fairly low. Things may be changing because the Tennessee Supreme Court, in a non-sport case (Copeland v. HealthSouth/Methodist Rehab. Hosp., 2018), reiterated that the public policy in Tennessee has historically favored freedom of contract.  Nevertheless, the court made it emphatically clear that “not all exculpatory agreements should be enforceable,” and established new criteria for enforcement that are now in effect.

Enforcement of Health Club Waivers of Liability Challenged by New Jersey Supreme Court Judge

By Doyice Cotten

Courts in most states will enforce well-written liability waivers signed willingly by adults. Nevertheless, many people argue strongly against this protection for service providers. This post presents good arguments by one judge opposed to health club immunity from liability granted by such waivers.

Current New Jersey case law supports the enforcement of health club liability waivers. In fact, the Supreme Court of New Jersey recently determined to accept a stipulation for dismissal following a settlement of the matter by the parties.

Drowning on a College Study Abroad Illustrates North Carolina Waiver Law

 

By Doyice Cotten

Ravi Thackurdeen drowned while swimming at a Costa Rican beach at the end of a college study abroad while enrolled at Duke University and the Organization for Tropical Studies (OTS). His parents sued both entities alleging wrongful death and negligence (including gross negligence) (Thackurdeen v. Duke Univ., 2018).

The students were taken on a “celebratory trip” to the beach on the last day of the trip.

N.C. Law Regarding Enforcement of Waivers of Liability

 By Doyice Cotten

This case (McMurray v. United States of America, 2012 U. S. Dist.  LEXIS 176608) involved a government vehicle accident in which a passenger was injured when the U.S. Marine driver ran a red light. While this is not specifically sport-related, it is pertinent to the enforcement of waivers in North Carolina.

Debra McMurray was returning from a Marine Corps seminar when she was injured. The issue was the enforceability of a waiver that McMurray signed before the accident;

Oregon Supreme Court Rules on Enforceability of Liability Waivers

By Doyice Cotten

Author’s Note: It is rare that a court clearly defines and explains waiver law in a state. The Oregon Supreme Court made an effort to explain both the law and their reasoning; and, unlike many courts, explained the law in an understandable manner. The reader is urged to read the entire case. Much can be learned from the opinion.   From the opinion, it would seem that the Oregon Supreme Court is moving closer to the restrictive stances held by courts in Wisconsin,

Liability Releases and Waivers in North Carolina – Part 2

By Rick Conner
Part 2 of 3

 

Rick Conner is an attorney with McGuireWoods in Charlotte, N.C.  This is an excellent summary of North Carolina waiver law, originally published in 2008. Thanks to Rick for granting permission for this reprinting. Part 3 will appear next week. DC

The Public Interest Exception

The Supreme Court of North Carolina has held that “a party cannot protect himself by contract against liability for negligence in the performance of a duty of public service,

Waiver Effectiveness at Senior Adult Recreation Centers

By Doyice Cotten

This post looks at two California cases addressing waiver effectiveness at recreation centers focusing on senior adults.

1997

The first case was YMCA of Metropolitan Los Angeles v. Superior Court (1997 Cal. App. LEXIS 392) which upheld the enforceability of a liability waiver in a case arising from a fall by a healthy, 73-year-old woman at a YMCA senior program. The senior lady fell down the stairs after viewing a jewelry display.