Tag Archives: skiing

For Protection under Assumption of Risk: Injured Party MUST Have Known the Risks!!!

November 10, 2015

By Doyice Cotten
One of the most commonly used defenses when someone is injured in a recreational activity is that the participant assumed the risks. While the law varies somewhat from state to state, it is generally an effective defense when the provider has not been negligent.

Sport Safety Statutes Can Affect the Effectiveness of Liability Waivers

July 14, 2015

By Doyice Cotten

Most states have enacted at least one of what are sometimes called sport safety acts or shared responsibility statutes (e.g., equine, ski, whitewater rafting) intended to define or limit the liability exposure of operators of selected activities.

Waivers and Persons-with-Disabilities: Do the Same Rules Apply?

November 11, 2014

By Alexander “Sandie” Pendleton

One positive development in the world of sports in the last two decades has been the substantial increase in opportunities available for persons with disabilities to engage in active recreational activities and competitions.

“Snow Cases”: PART III – Waivers Enforced in Skiing and Snow Boarding Cases

March 4, 2014

By Doyice Cotten

Five “Snow” cases have been presented in the previous two posts. Two more will be examined in this post.

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Bagley v. Mt. Bachelor, Inc.

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

February 25, 2014

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.

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Two Colorado cases are examined here.

Colorado Parental Waiver Statute Applied by Courts

January 14, 2014

By Doyice Cotten

In 2003, the Colorado legislature passed a statute providing that parents have the authority to contract, on behalf of their child, to relieve a provider from liability for its negligence in the event the child is injured during participation (C.R.S.