Tag Archives: State Statutes

State AED Statutes: Do You Know Your State’s Requirements? Part 1

JoAnn M. Eickhoff-Shemek, Ph.D., FACSM

President, Fitness Law Academy, LLC

Professor Emeritus, Exercise Science, University of South Florida

This following article was first published in the Fitness Law Academy’s newsletter in January 2021. It has been divided into two parts for our readers. It was written by Dr. JoAnn Eickhoff-Shemek, President of the Fitness Law Academy, LLC  and Editor of its quarterly newsletter.  Individuals can subscribe to this “free” newsletter by going to www.fitnesslawacademy.com.

Some Important State Waiver Statutes

By Doyice Cotten

Most state waiver law comes from court rulings but many state legislatures have passed statutes regarding liability waivers. Some statutes have a strong impact upon waivers in the state; others are less important, often affecting waivers for only one sport. A few of each are listed below:

High Impact Statutes

La Civ Code Ann art 2004 states:

Any clause is null that, in advance, excludes or limits the liability of one party for causing physical injury to the other party.

Liability Waivers Have Limitations: State Statutes

By Doyice Cotten

Most, or at least many, sport, fitness, and recreation businesses rely upon liability waivers to protect the business from liability for injury in the event of provider negligence. One occasionally hears that waivers are not worth the paper they are written on. Not so . . . at least, not in most states. But one must be aware that whether waivers are enforceable depends up State Law.

The fact is that in most states,