Tag Archives: Texas

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.