Tag Archives: Texas

Do Texas Courts Enforce Waivers for Gross Negligence?

By Doyice Cotten

Last week’s post, Court in Texas Trampoline Park Case Enforces Waiver for Gross Negligence, involved an occasion when a Texas Appellate court did enforce a waiver for gross negligence. But, when one looks at previous court rulings, it becomes clear that there are two schools of thought on the matter of whether waivers can protect against liability for gross negligence.

Some Texas courts feel that gross negligence is not a separate cause of action from that of negligence.

Court in Texas Trampoline Park Case Enforces Waiver for Gross Negligence

By Doyice Cotten

Graciela Quiroz and her sixteen-year-old son went to Jumpstreet for trampolining. Before jumping, she signed a pre-injury waiver of liability “Jumpstreet, LLC Release and Parent/Guardian Waiver of Liability and Assumption of Risk.” After signing the waiver, Graciela attempted to do a flip and injured her neck; this resulted in paralysis from the waist down. She sued Jumpstreet for negligence and gross negligence and as next friend of two minor children for their loss of parental consortium and for mental anguish;

CPR and AED Trained Athletic Trainers Save Two Collapsed Athletes

By Doyice Cotten

Are you prepared for an emergency at your sport, recreation or fitness facility? If a participant collapses during a workout and has no heartbeat, does someone at your facility know what to do? Do you have personnel trained in CPR? Do you have an AED on hand? And someone who in trained to use it? These are all important questions for management at sport, recreation, and fitness facilities. None of us want to stand by and watch someone die who could have been saved!

Risks and Risk Management in New Mexico and Texas

By Doyice Cotten

Regular visitors to Sportwaiver.com know that while risks are plentiful, risk management is sometimes hard to spot in third world countries. Not so in the USA. This post features some risks and some signage used in Texas and New Mexico to warn less knowledgeable visitors of those risks. Some photos of  signage spotted during a recent trip are presented in the first section; a few risks faced by tourists are depicted in the second section.

Texas Agritourism Act (and How It Relates to Waivers)

Editors Note: Thanks go to Tiffany Dowell Lashmet for permission to run this excellent article on the Texas Agritourism Act. Tiffany is an Assistant Professor and Extension Specialist specializing in Agricultural Law with Texas A&M Agrilife Extension. Many, if not most, states now have agritourism acts that help to provide liability protection for owners of agricultural land who allow its use for educational or recreational activities. Be careful to note the requirement of waivers of liability. This article was originally published in the Texas Agricultural Law Blog.

How to Make Your Waiver “Conspicuous”

By Doyice Cotten

Courts in many states require that to be enforceable, the exculpatory language of the waiver must be conspicuous. In a recent Texas case (Charbonnet v. Shami, 2013), the court discussed Texas waiver law (which requires that a waiver must satisfy their express negligence doctrine and must be conspicuous), making a number of suggestions as to what makes the waiver conspicuous.

The Texas court stated that a waiver “is conspicuous when it draws the attention of a reasonable person looking at the face of the document such that the person ought to notice it.” The court went on to clarify its meaning:

1)      When determining if the waiver is conspicuous,

Court Makes Clear the Texas Waiver Law

By Doyice Cotten

Note: This is a common negligence suit in which the defendant claims protection from a waiver of liability. Seldom do courts describe state waiver law so clearly.

Kimberly Ramirez , while a member of 24 Hour Fitness USA, Inc, slipped and fell when she stepped into a puddle of water on the floor (Ramirez v. 24 Hour Fitness USA, Inc., 2013 U.S. Dist. LEXIS 69451).

Release/Assumption of Risk Agreement Language Protects Mechanical Bull Provider from Liability for Inherent Risks

By Doyice Cotten

While in a bar after watching others, Revel Thom decided to ride a mechanical bull.(Thom v. Rebel’s Honkey Tonk, 2012 Tex. App. LEXIS 7555) Before riding the bull, he completed and signed a document entitled PARTICIPANT AGREEMENT, RELEASE, AND ASSUMPTION OF RISK. When he was thrown from the bull, he fractured two vertebrae in his back.

He then sued appellees for his injuries. The trial court awarded summary judgment to Rebel’s Honky Tonk.

Poor Waiver Construction & Reckless Conduct Result in Texas Waiver Failure

By Doyice Cotten

Two couples, the Beckmans and the Jaegers, were injured while participating in a commercial jeep tour of a ranch (Jaeger v. Hartley, 2013 Tex. App. LEXIS 613). The ranch driver became aware that the Jeep’s brakes were not working during the tour. He radioed for some brake fluid, but when it arrived no fluid was added. The driver instructed the guests to get back in the jeep and continued the tour.

Updating Parental Waiver Law — Part II

By Doyice Cotten

Several court rulings as well as a new statute have affected the parental waiver landscape recently. Three states were discussed in an article posted last week. Here, we will address recent cases affecting parental waiver law in Alabama, Texas, and Pennsylvania. Parental waiver law for all states is covered in depth in Waivers & Releases of Liability, 7th ed.

Alabama

J.T., a minor, was injured while riding his motorcycle on a motocross course at Monster Mountain MX Park.