By Doyice Cotten
Carla Dempsey and her husband went on a snorkel tour with Wild Side Specialty Tours. Prior to departure, the Dempsey’s signed a release and waiver of liability. After snorkeling, Mrs Dempsey slipped and fell while walking on the deck while wearing wet snorkeling fins.
Estiban Mejia suffered a fatal cardiac arrest while exercising at a 24 Hour Fitness gym. A California statute (H&S Code sec. 104113) requires that every “health studio” acquire an automatic external defibrillator (AED) and train personnel to use the AED.
By Doyice Cotten
Notice of Error: The ruling was erroneously reported in this post. The Pennsylvania Supreme Court ruled that the waiver was enforceable.
Derek Valentino drowned during the swimming leg of the Philadelphia Triathlon in 2010 (Valentino v.
By Doyice Cotten
Many are unaware of a California Statute § 831.7, which provides some liability protection for both public entities and public employees when participants are injured while participating in hazardous recreational activities. The protection has certain limitations including that the protection is limited to public entities and public employees.
By Doyice Cotten
Eugene Jaeger, operator of the Unicorn Strings Music Company was a vendor at the outdoor International Renaissance Festival (IRF) in Maryland when he slipped and fell while walking on a gravel walkway and a boardwalk to go to the restroom.
By Doyice Cotten
Brenda Fecke, a senior at LSU, fell while bouldering at the LSU Recreation Center indoor rock climbing wall facility. The fall resulted in an ankle injury; this was followed by a lawsuit alleging negligence on the part of LSU (Fecke v.
By Doyice Cotten
Waiver law in Hawaii has been unclear for some time. In the past, waivers have been enforced in Hawaii, however, in 1997 the Hawaii Legislature passed HRS § 663-1.54 which read in part:
(a) Any person who owns or operates a business providing recreational activities to the public,
