Tag Archives: waiver

D.C. Court Rules on Opportunity to Negotiate, Gross Negligence/Recklessness, and Lack of Consideration

May 20, 2014

By Doyice J. Cotten

In a case in which a client was injured on a Segway[1] tour, the U.S. District Court for the District of Columbia addressed several aspects of waiver law in the District of Columbia.

Ambiguity in Missouri: Meaning of “any” and “any and all” in Waivers

May 13, 2014

By Doyice Cotten

Colleen Holmes, a participant in a racing event, tripped over an audio-visual box at the event. She filed suit against the television station claiming the waiver signed by the plaintiff was unenforceable because of ambiguity in the language (Holmes v.

Providers Charged with Strict Liability Are Not Protected by Waivers

April 15, 2014

By Doyice Cotten

Strict liability is called liability without fault, because one does not have to prove fault for liability. Strict liability law generally applies in situations where one keeps wild animals, where one conducts ultra-hazardous activities such as fireworks displays,

How to Make Your Waiver “Conspicuous”

March 25, 2014

By Doyice Cotten

Courts in many states require that to be enforceable, the exculpatory language of the waiver must be conspicuous. In a recent Texas case (Charbonnet v. Shami, 2013), the court discussed Texas waiver law (which requires that a waiver must satisfy their express negligence doctrine and must be conspicuous),

Colorado Court Enforces an On-line Waiver

March 18, 2014

By Doyice Cotten

Berenson (Berenson v. USA Hockey, Inc., 2013), an amateur hockey player, played in an amateur hockey league for several years. She was required by the league to complete the standard player registration on the USA Hockey website annually.

Waivers Protect Georgia Health Club and Personal Trainer

March 11, 2014

By Doyice Cotten

A man and his wife joined a gym, signing a total of 3 waivers of liability. He began working with a personal trainer and on the day he suffered a stroke, he took a food supplement (R.A.G.E.),

“Snow Cases”: PART III – Waivers Enforced in Skiing and Snow Boarding Cases

March 4, 2014

By Doyice Cotten

Five “Snow” cases have been presented in the previous two posts. Two more will be examined in this post.

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Bagley v. Mt. Bachelor, Inc.

“Snow Cases”: PART II – Waivers Enforced in Two Colorado Cases

February 25, 2014

By Doyice Cotten

Three snow tubing cases were discussed in last week’s post. Two more “snow” cases will be examined in this post with two more to follow next week.

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Two Colorado cases are examined here.

Michigan “Warrior Dash” Waiver Protects Against Negligence (But Not Gross Negligence or W/W Misconduct)

February 4, 2014

By Doyice Cotten

This is the first case encountered by the author that has resulted from one of the popular adventure-obstacle races such as Spartan Race and Tough Mudder. Here, the waiver used for Warrior Dash is challenged.