Tag Archives: strict liability

Illinois Drag Racing Waiver Upheld for Negligence — But not for Strict Liability

By Doyice Cotten

David Jones, suffered permanent injuries in a drag-racing accident resulting from the failure of an added part during the performance of a wheelie. He filed this products liability action against UPR and numerous other entities alleged to have participated in the production or design of the Product, alleging negligence and strict liability (Jones v. UPR Products, Inc., 2016 U.S. Dist. LEXIS 54887)

He had previously signed a Waiver of Liability Assumption of Risk and Indemnity Agreement.

Massachusetts Skydiving Waiver Case Yields Some Interesting Results Regarding: Opportunity to Bargain, Unconscionability, & Strict Liability

By Doyice Cotten

Tricia Cahalane was seriously injured while performing a tandem skydiving activity. In the tandem skydive, she was attached to Marcus Silva, an employee, by a harness. During the skydive, Silva performed a “hook turn;”  Hook turns were allowed at that time, but have since been prohibited. When she landed, she broke the femur in each leg. Prior to the skydive, she signed a waiver releasing Skydive Cape Cod from liability for any injury incurred. She was given the opportunity to avoid signing the waiver for an additional fee of $750,

Providers Charged with Strict Liability Are Not Protected by Waivers

By Doyice Cotten

Strict liability is called liability without fault, because one does not have to prove fault for liability. Strict liability law generally applies in situations where one keeps wild animals, where one conducts ultra-hazardous activities such as fireworks displays, and where one manufactures a product that produces injuries. Under the theory of strict liability, one does not have to prove that the defendant was negligent; rather, people or corporations are held responsible for any harm caused by their actions or products,