Tag Archives: triathlon

Multiple negligent acts do not Equal Gross Negligence in the Pennsylvania Triathlon Case

By Doyice Cotten

We have written before about the distinction between ordinary negligence and gross negligence:

Ordinary negligence is the failure to use such care as a reasonably prudent and careful person would under similar circumstances. It is an unintentional act or failure to act that causes harm to another party.

Gross Negligence is an extreme form of negligence in which one fails to use the care that even a careless person would use.

The Pennsylvania Supreme Court Rules that Waiver is Unenforceable in Wrongful Death Triathlon Case

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. Philadelphia Triathlon, LLC., 2019). A wrongful death suit was filed by his children alleging negligence, gross negligence, outrageous acts, and recklessness. The trial court disallowed all except the claim of ordinary negligence.

The defense claimed protection against negligence based on the waiver and release of liability signed by Derek prior to the race.

NY GOL § 5-326 Does Not Apply to Triathlon Practice: Waiver Upheld

By Doyice Cotten

Plaintiff Suzanne Conning fell while practicing for the bicycle leg of a triathlon, was struck by a passing car, and suffered injury. She fell as tried to return to the roadway from a gravel side surface. She filed suit against the automobile driver (Dietrich), the Brooklyn Triathlon Club (BTC), and John Stewart (the leader of the cycling training). (Conning v. Dietrich, 2011 N.Y. Misc. LEXIS 3481)

Conning had signed a waiver prior to the event intended to release BTC and its staff (including Stewart) from liability for any negligence.

Waiver and Indemnity Agreement Upheld for Ordinary Negligence in Massachusetts Triathlon Case

By Doyice Cotten

Richard Angelo died during the swimming portion of a triathlon organized by USA Triathlon (USAT). In spite of Richard having signed a waiver and indemnity agreement, his wife Cheryl filed suit alleging negligence, gross negligence, pain and suffering, and infliction of emotional distress (Angelo v. USA Triathlon, 2014). The waiver read:

  1. I hereby Release, Waive and Covenant Not to Sue, and further agree to Indemnify, Defend and Hold Harmless the following parties: USAT,