Tag Archives: snowboarding

Oregon Supreme Court Rules on Enforceability of Liability Waivers

By Doyice Cotten

Author’s Note: It is rare that a court clearly defines and explains waiver law in a state. The Oregon Supreme Court made an effort to explain both the law and their reasoning; and, unlike many courts, explained the law in an understandable manner. The reader is urged to read the entire case. Much can be learned from the opinion.   From the opinion, it would seem that the Oregon Supreme Court is moving closer to the restrictive stances held by courts in Wisconsin,

Oregon Addresses a Parental Waiver for the First Time

By Doyice Cotten

Prior to this case, Oregon was one of about 20 states in which the courts had not ruled on the enforceability of parental waivers in a recreational setting. In Bagley v. Mt. Bachelor, Inc. (2013), Myles Bagley’s father signed a waiver and indemnity agreement on behalf of his son so that the 17 year-old, an expert snowboarder, could purchase a season pass to Mt. Bachelor. The waiver was signed two weeks before Myles’ 18th birthday.

New Jersey Snowboard Waiver Case: A Real Alfred Hitchcock Ending

By Doyice Cotten

I have read well over 1000 sport and recreation waiver cases; occasionally, a strange one comes along. But of all the cases I have examined, Dearnly v. Mountain Creek (2012 N.J. Super. Unpub. LEXIS 527) has to be the most bizarre.

First, the sequence of events:

Mrs. Dearnly was eligible for a free season pass at the Vernon Ski Resort as a job benefit.

Nov. 2008: Mr.