By Doyice Cotten
Ambiguity is one of the most prevalent claims when challenging the enforceability of liability waivers. This post involves a case in which a waiver is claimed to be ambiguous. We focus on the arguments by the plaintiff and the reasoning of the court in addressing the issue.
By Doyice Cotten
Anthony Wimmer went on a hunting trip hosted by defendant Top Gun (Wimmer v. Top Gun Guide Service, Inc., 2019). Prior to going on the trip, Wimmer read and signed a waiver purporting to release Top Gun from liability arising from the hunting trip.
By Doyice Cotten
AnneMichelle Johnson, a member of Gold’s Gym Rockies, LLC, sustained an injury when trying to use a seated cable row machine. She set her usual resistance, tried to pull, heard a pop in her back,
By Doyice Cotten
We know that in most states, a well-written waiver of liability will protect a sport, recreation, or fitness provider from liability for injuries to an adult resulting from the ordinary negligence of the provider. Such waivers,
By Doyice Cotten
It is well-established that the common law imposes a duty of care on business owners to maintain safe premises for their business invitees (clients, customers, or potential clients). Visitors to a place of business generally fall into one of three categories and in most states,
By Doyice J. Cotten
Patricia Cizek visited the North Wall Rock Climbing Gym to attempt some bouldering. She fell or dropped from the wall and landed with one foot on the mat and one off; she broke her ankle.
By Doyice Cotten
David Jones, suffered permanent injuries in a drag-racing accident resulting from the failure of an added part during the performance of a wheelie. He filed this products liability action against UPR and numerous other entities alleged to have participated in the production or design of the Product,
By Doyice Cotten
Can a waiver fail to protect the service provider because it is too broad in scope? YES. Can a waiver fail to protect the service provider because it is not broad enough in scope? YES.
Doyice J. Cotten
FACT: A well-written waiver willingly signed by an adult participant can protect the service provider from liability for the provider’s negligence in most states.
FACT: Many waivers fail because of what might be termed “unforced errors” on the part of the writer in making clear the scope of the waiver.
By Doyice CottenIn 2012, Barbara Nesbitt (Nesbitt v. National Muscle Car Association, 2014 Ill. App. Unpub. LEXIS 1848) sued National Muscle Car Association (NMCA), Promedia, National Hot Rod Association (NHRA), Skinny Kid Race Cars, and Ted Peters alleging multiple claims after her vehicle failed causing her serious injury. Read More
