Tag Archives: rental

Risk Management Procedures Help Save Utah Snowmobile Operator from Liability

By Doyice Cotten

Matthew Rose rented a 2014 Polaris snowmobile from Summit Lodge. While approaching an opening in a wooden fence on the snowmobile, the throttle stuck on full-throttle and resulted in an injury to Rose.

The snowmobile has a thumb-operated throttle lever for acceleration; release of the lever is supposed to return the machine to idle. Normally, the machine has two methods of manual shut-off: a kill switch or by turning the key to off.

Failure to Properly Name Protected Parties Results in a Reversal in Favor of the Plaintiff

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. It should be noted that the waiver listed The Barge, LLC as a protected party, but the ownership and legal status of the business had changed several times over the years and at the time of the accident,

Importance of Listing all Protected Parties in Your Waiver

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.  They collided, Jones was injured, and they subsequently sued The Barge, LLC, and Hubert.

Hubert had bought the business in 2006 and became the sole owner when he bought out his partner and renamed the business The Barge Watercraft Rentals.

Provider’s Cavalier Attitude toward Safety and Risk Management Proves Costly

By Doyice Cotten  

Two major problems with liability waivers are that they are sometimes misunderstood and misused by owners or managers of sport businesses. First, some sport managers think that a liability waiver provides total protection against lawsuits for injury. They think they are completely protected against loss. But waivers do not always work! Sometimes there are statutes prohibiting their use (e.g., G.O.L 5-326 in NY prohibiting waivers when there is an entry fee). Sometimes the waiver is poorly written (e.g.,

“Snow Cases”: PART II – Waivers Enforced in Two Colorado Cases

By Doyice Cotten

Three snow tubing cases were discussed in last week’s post. Two more “snow” cases will be examined in this post with two more to follow next week.

Two Colorado cases are examined here. One case involves the enforcement of waivers in snow mobile rental case while the other involves a skiing accident.

Salazar v. On the Trail Rentals

Salazar v.