by Doyice Cotten
The enforceability of waivers on the back of tickets has been addressed on Sportwaiver.com on several occasions. We know that, in general, waivers that are signed are safer and more likely to be enforced; however,
By Doyice Cotten
The enforceability of waivers on the back of tickets is sometimes in question, depending upon the state involved. There are times when such waivers are enforced. One certainly can’t say they are never enforced, however,
By Doyice Cotten
Sometimes activity providers are reluctant to offer activities to participants with disabilities because they fear possible injury and have doubt as to whether their liability waiver would be enforceable against a person with a disability.
By Doyice Cotten
Bryan DiFrancesco’s son was injured while on a ski lift with a ski instructor employed by the defendant Win-Sum Ski Corp [DBA Holiday Valley, Inc.]. The uncle of the boy had signed a waiver of liability and assumption of inherent risks so that the 5 year-old could ski.
By Doyice Cotten
Brian Kearney was seriously injured while competing in a USSA sanctioned amateur downhill ski race at Okemo Mountain Resort in Ludlow, Vermont, in February, 2015. USSA members were eligible to participate and membership required signing a liability waiver (Kearney v.
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 Cotten
A 2015 Colorado case at a ski resort illustrates the importance of clarity of intent or meaning in liability waivers (Schlumbrecht-Muniz v. Steamboat Ski and Resort Corporation, 2015 U.S. Dist LEXIS 125899).
