Tag Archives: reckless

Two-Year-Old Loses Toe on a Slide

 

By Doyice Cotten

In 2018, two-year-old girl lost her little toe while sliding down a sliding board into a splash pad at Buzzards Bay Park in Bourne, MA. At the time she went down the slide, there was a vertical crack about a foot long in the slide. The toe caught in the crack and was sliced off.  [A splash pad  is a recreation area, often in a public park, for water play that has little or no standing water.]

The girl,

Missouri Supreme Court Provides an Interesting Ruling Regarding a Gross Negligence and Reckless Disregard Claim

By Doyice Cotten
Cynthia DeCormier signed up for a motorcycle training course, signed a liability waiver, and attended the course. On the day of the course there was rain, drizzle, snow, and mist; there was also ice on the pavement. As a consequence, she and her bike took a spill and she suffered injury. She subsequently sued alleging negligence, gross negligence, and reckless disregard (DeCormier v. Harley-Davidson Motor Company Group, Inc., 2014 Mo.

Effect of Waiver in Ohio Cheerleader Case

By Doyice Cotten

In a recent case (Wolfe v. AmeriCheer, Inc., 2012 Ohio App. LEXIS 827), a 13 year- old cheerleader suffered a spinal compression injury when a fellow cheerleader fell on her during the execution of a stunt. Only one of the three spotters was in proper position on the mat when she fell. Wolfe’s mother had signed a waiver releasing AmeriCheer from liability.

The trial court enforced the waiver ruling that the waiver protected against negligence claims (Ohio being one of the states in which parental waivers are enforced).

Will Waivers Protect Against Liability for Gross Negligence and Other Extreme Actions?

This article was taken from Waivers & Releases of Liability 7th ed. and updated for SportWaiver.com. Click SportWaiver for a limited time special price on the book.

By Doyice Cotten

Waivers are now enforceable and can protect the service provider from liability for ordinary negligence in almost every state. However, courts in most states generally hold that waivers intended to protect against gross negligence, reckless conduct, willful or wanton conduct, and intentional acts are against public policy. 

Assumption of Risk – Waivers – Indemnification: What Do They Do?

This Table is excerpted from the 7th edition of Waivers & Releases of Liability by Doyice and Mary Cotten.

Have you ever wondered “What is the difference between assumption of risk and a waiver?” What about “‘What exactly is the function of a waiver?” or “What does indemnification language do?” Well, this table will explain the differences in the three concepts and will help you to see why a good “waiver” really should include all three.