Tag Archives: standard of care

Club Liability Regarding Childcare Programs

By Doyice Cotten

Health clubs and other sport-, recreation-, and fitness-related businesses or organizations often provide child care programs for pre-school or older children in order to better accommodate the parent. They often require the parent to sign a liability waiver. Of course, such parental waivers are not enforceable in many states; in fact, they are commonly enforced in only about 15 states.

Management should consult their local attorney for two reasons: first, to learn if parental waivers are enforceable in that state,

Negligence Standard or Recklessness Standard – Which Standard of Care Applies to Injured Spectator of a Snowmobile Race?

By Doyice Cotten

Spectators Tory Baughan and Megan MacNeill were injured while watching a snowmobile “hillclimb” racing event. They were in the designated, but unprotected, spectator area when one of the racers became dismounted from his Polaris snowmobile on his way up the hill. The driverless snowmobile continued to travel back down the hill at a high rate of speed before colliding with plaintiffs. Baughan sued claiming negligence, premises liability, gross negligence, and willful and wanton misconduct (Baughan v.