By Doyice Cotten
Note: This posting is not intended to provide an comprehensive presentation on California waiver law, but rather to offer the reader a brief look at what some of the courts have said about waivers and their enforcement.
“California courts require a high degree of clarity and specificity in a release in order to find that it relieves a party from liability for its own negligence.” (Cohen v.
Alexander T. Pendleton, Kohner, Mann & Kailas, S.C.
An attempt by a group of Minnesota legislators to amend Minnesota law so as to void all waiver-of-liability agreements has failed. Instead, the legislature adopted a bill that provides that any agreement between parties for a “consumer service” (including a recreational activity), which agreement purports to waive or release liability resulting from conduct that constitutes “greater than ordinary negligence,” is against public policy, and is therefore void and unenforceable.
Alexander (Sandie) Pendleton
Kohner, Mann & Kailas, S.C.
The Wisconsin Court of Appeals has issued a decision that has implications for all businesses and organizations that use waiver agreements in Wisconsin. In Brooten v. Hickok Rehabilation Services (issued April 30, 2013, recommended for publication), the court of appeals held void a waiver agreement that had been signed by an individual who joined a health club,
By Alexander “Sandie” Pendleton of KMK
This article was originally published on ReleaseLaw.com.
Bills are advancing in both chambers of the Minnesota legislature which if adopted, would render liability waivers void in many settings. Because both chambers of the Minnesota legislature and the executive branch are controlled by the Democratic Farm Labor Party, there is a good chance that some version of these bills will be enacted. If enacted,
This is a well-researched article pointing out some important aspects of Florida waiver law. Thanks to Nina Conte for allowing SportWaiver.com to publish this article. Nina received her law degree from Florida International and is an associate with Cole, Scott, and Kissane P.A. The article originally appeared on the firm website. As you read the article, note that Florida is one of the few states that will enforce waivers for gross negligence. Also, note the care that must be taken in preparing a waiver in Florida.
By Doyice J. Cotten
This update is taken from Waivers & Releases of Liability, 8th ed. by Doyice and Mary Cotten. It summarizes the most recent state case law regarding the enforceability of waivers for minors. For those requiring more information, the book has 14 fact-filled pages giving more detail than is possible here.
States that have or do enforce waivers for minor participants
First, waivers signed only by a minor are not enforceable in any state.