Tag Archives: waiver validity

Do Waivers Protect when the Injured Party has a Disability?

By Doyice Cotten

Sometimes activity providers are reluctant to offer activities to participants with disabilities because they fear possible injury and have doubt as to whether their liability waiver would be enforceable against a person with a disability. The following is a case that is more than 20 years old, but that accurately illustrates that there is no “special waiver law” for the disabled.

Franklin Potter, a skilled and experienced handicapped skier, was injured in the National Handicapped Downhill Championships race.

Pennsylvania Waiver Law

By Doyice Cotten

Courts in few states have given as much guidance regarding liability waivers for negligence as has Pennsylvania. Pennsylvania has many requirements for effective waivers, but its courts consistently enforce well-written waivers that follow these guidelines.

Validity of Waivers

The Pennsylvania Supreme Court addressed the validity of waivers of liability for negligence a number of times in the previous century and in this one. It has often specified that an exculpatory clause is valid if:

  • “it does not contravene any policy of the law,

Auto Racetrack Case Illustrates Oklahoma Waiver Law

By Doyice Cotten

Linton Combs was injured when struck by a racecar while he was in the racetrack infield. Combs filed suit against West Siloam Speedway Corp. (Combs v. West Siloam Speedway Corp., 2017) alleging negligence in the design and setup of the track, including failure to have barriers put up that would prevent vehicles from entering the infield. He also alleged “recklessness” by Siloam for actions and omissions of such a nature so as to constitute conduct evidencing reckless disregard for the rights of others.