Tag Archives: waiver

Connecticut Wall Climbing Waiver Fails

April 28, 2015

By Doyice Cotten

In a 2014 case, a Connecticut Superior Court failed to enforce a pre-injury waiver signed by the plaintiff (Lecuna v. Carabiners Fairfield, LLC, 2014 Conn. Super LEXIS 2610). Plaintiff fell from the facility while “bouldering” and sued claiming negligence.

California Court Rules on Waiver/Arbitration Clause Ambiguity Controversy

April 21, 2015

By Doyice Cotten

Many parties who suffer injuries after having signed a liability waiver still file suit and challenge the waiver in an attempt to collect damages. One of the most common allegations in the challenge is that the waiver is unenforceable because of ambiguity.

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

March 3, 2015

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,

Will Waivers Work in NY? More New York Cases Involving G.O.L. 5-326

February 17, 2015

By Doyice Cotten

In last week’s post, A Look at the Instructional Element of New York’s G.O.L. 5-326 Statute Prohibiting Certain Waivers of Liability , we examined three cases involving New York’s G.O.L. 5-326.

Missouri Supreme Court Provides an Interesting Ruling Regarding a Gross Negligence and Reckless Disregard Claim

January 13, 2015

By Doyice Cotten
Cynthia DeCormier signed up for a motorcycle training course, signed a liability waiver, and attended the course. On the day of the course there was rain, drizzle, snow, and mist; there was also ice on the pavement.

Hawaii Waiver Law Clarified: Waivers Don’t Protect Against Negligence!!!

January 6, 2015

By Doyice Cotten

Waiver law in Hawaii has been unclear for some time. In the past, waivers have been enforced in Hawaii, however, in 1997 the Hawaii Legislature passed HRS § 663-1.54 which read in part:

(a) Any person who owns or operates a business providing recreational activities to the public,

Contract Secrets You Learn When Your When Your Cruise Ship Flounders

December 9, 2014

Doyice Cotten

It is always news when a cruise ship has trouble at sea. Whether it is a disease outbreak, a fire on board, running aground, or engine failure, there are unhappy people. Of course, the cruise ship offers passengers some refund,

Kentucky Motocross Race Waiver Upheld for Negligence and Willful and Wanton Negligence

December 2, 2014

By Doyice Cotten

In 2011, Walter Brotherton worked on a voluntary basis as a mechanic for one of the racers in the Kentucky Indoor Motocross Championship.

Brotherton was injured during a practice heat while standing near the starting gate.

Should You Worry about your Waiver Being Overly Broad?

November 18, 2014

By Doyice Cotten Waivers can fail to protect providers for a number of reasons. Often, they fail for being too narrow – for example, having the language fail to include the cause of the injury. Sometimes, however, the waiver writer attempts to be too inclusive and the waiver fails for being overly broad.

Waivers and Persons-with-Disabilities: Do the Same Rules Apply?

November 11, 2014

By Alexander “Sandie” Pendleton

One positive development in the world of sports in the last two decades has been the substantial increase in opportunities available for persons with disabilities to engage in active recreational activities and competitions.