Pennsylvania Court Rules that Membership Contract Waiver Protects Against Negligence: No Reckless Conduct Found
Tag Archives: waiver
Alaska Supreme Court Clarifies Alaska Waiver Law in Rock Gym Case
Illinois Waiver Law Considered in a Muscle Car Injury Case
By Doyice CottenIn 2012, Barbara Nesbitt (Nesbitt v. National Muscle Car Association, 2014 Ill. App. Unpub. LEXIS 1848) sued National Muscle Car Association (NMCA), Promedia, National Hot Rod Association (NHRA), Skinny Kid Race Cars, and Ted Peters alleging multiple claims after her vehicle failed causing her serious injury. Read More
Surprising Ruling in New Jersey Case
James Walters joined a YMCA and signed a membership agreement containing a waiver. About three years later, he suffered injury when he slipped on a step while walking to the YMCA pool – allegedly because the slip resistant rubber on the stairs was worn off the bottom step.
Factors Affecting Waiver Law in the State of Washington (Part 2)
By Doyice Cotten
This case examines Washington waiver law, specifically as it relates to health clubs and fitness centers. Most of the concepts, however, apply to all waivers in the state. Two issues were raised last week and three more are addressed next week.
Factors Affecting Waiver Law in the State of Washington
By Doyice Cotten
This case examines Washington waiver law, specifically as it relates to health clubs and fitness centers. Most of the concepts, however, apply to all waivers in the state. Two issues raised will be addressed this week and three more will be addressed next week.
Some Waivers Are Enforceable in New York State!
A Waiver Administration Tip
By Doyice Cotten
Usually, courts will not enforce a waiver against an injured party who did not sign the waiver; this is true even if another party “signed it for the participant.” Thus, it is always best practice for the service provider to require that each participant sign a waiver prior to participation.
Redacted Waivers in New York Help Protect
Utilize the “Negligence of the Provider” — But Address Negligence Risks and Inherent Risks Separately
On countless occasions, this author has stressed two points. First, is the value (or even necessity) of including specific reference to the “negligence of the provider” in the exculpatory language of a waiver.