Health Club Case Sheds Light on Puerto Rico Waiver Law
Tag Archives: public policy
Waiver Effectiveness at Senior Adult Recreation Centers
Waiver Protects Tennessee Motorcycle Safety School from Loss
By Doyice Cotten
Ruth Maxwell, a 58-year-old Tennessee resident, saw an ad for a motor scooter convention and decided it would be a fun and economical way to travel to and from work.(Maxwell v. Motorcycle Safety Foundation,
Lake Tahoe Parasailing Waiver Case Governed by Federal Admiralty Law
By Doyice Cotten
A lady was injured while parasailing on Lake Tahoe and sued alleging negligence by the provider (Cobb v. Aramark Sports and Entertainment Services, LLC, 2013 U.S. Dist. LEXIS 20139). Prior to beginning the activity,
Waivers, Employer/Employees, and Bargaining Position
Waivers, Employer/Employees, and Bargaining Position
By Doyice Cotten
This article is taken from Waivers & Releases of Liability 7th ed. by Doyice and Mary Cotten.
Employers are considered to have a superior bargaining position over employees.
California Landlord Protected by Waiver for “Amenity” Exercise Facility
By Doyice Cotten
Lewis Operating Corporation and Homecoming II operate a residential property which offers a health club or exercise facility as an “amenity” for residents. John Costahaude, a resident, was using a treadmill when an employee or agent of the ownership group rolled a ball into,
Wisconsin Court Rules Waiver Signed by Race Participants Enforceable
By
Alexander “Sandie” Pendleton
Thanks to Sandie Pendleton for this up-to-the-minute look at Wisconsin waiver law. This article first appeared at Sandie Pendleton’s sports-law related website www.releaselaw.com.
On February 10, 2011, the Wisconsin Court of Appeals held enforceable a waiver signed by two subsequently-injured participants at an auto race.
Waiver Law in Pennsylvania: Personal Trainer vs. Licensed Physical Therapist
By Doyice Cotten
A 2010 court ruling in Pennsylvania (Taylor v. L.A. Fitness International, 2010 Phila. Ct. Com. Pl. LEXIS 252) illustrated a difference in the effectiveness of waivers depending upon who the relying party is.
Why a Waiver May Fail – Public Policy
One of the most common reasons that a waiver fails when challenged in court is that it violates the public policy of the state. Often readers are puzzled by the term “public policy” and ask, “Just what is public policy?” This concept is quite broad and is not easily defined or explained.