By Doyice Cotten
William Bradford rented a snowmobile, accidentally struck a tree, and was killed leaving behind a spouse and a son by a former spouse. The survivors filed a wrongful death claim against the rental company, On the Trail Rentals,
By Doyice Cotten
It is common practice for hotels and resorts around the world to offer optional tours to guests through activity providers. These types of tours include such activities as snorkeling, nature tours, tubing, sightseeing, and any number of other activities.
By Doyice Cotten
When a person participating in a recreational or sports activity is killed due to the negligence or recklessness of the activity provider, it is apparent that the deceased party cannot sue the responsible party for damages.
By Doyice Cotten
In Jones v. Staubli Motor Sports Division of Staubli American Corporation (2012 U.S. Dist. LEXIS 133650), Jones worked as a refueler for the pit crew at the Mid-Ohio Racetrack and Staubli provided the fueling system used in the race.
By Doyice Cotten
A guest at Grand Seas Resort was injured when his chair collapsed on the patio. He sued alleging negligence and the Resort claimed protection from its exculpatory clause in the “guest license agreement.” The entire exculpatory language was “Management .
By Doyice Cotten
A lot rides on a liability waiver; they often determine whether the provider wins or loses a negligence suit. It is important enough that the waiver creator should take care to make certain that the waiver clearly defines the intent of the document.
By Doyice Cotten
There are literally hundreds of waiver cases in which the waiver protected the provider from liability for ordinary negligence by the provider. In the Salinger case below, the waiver specifically stated that Grace Farms was released from liability for negligence (meaning ordinary negligence) and would have protected the provider from such liability.
By Doyice Cotten
In a recent case (Geczi v. Lifetime Fitness, 2012 Ohio App. LEXIS 2580), Jodi Geczi was injured when her treadmill began jerking violently. The case revealed some serious risk management deficiencies that can be easily avoided by health club management.
By Doyice Cotten
In a recent Colorado equine injury lawsuit (Eburn v. Capitol Peak Outfitters, Inc., 2012 U.S. Dist. LEXIS 106 236), an inexperienced rider was injured when her saddle rotated to the side and caused her to fall from the horse.
By Doyice Cotten
When discussing liability waivers, the question often arises “Does the waiver have to include the term ‘negligence’ or ‘neglect’ in order to protect against liability for negligent acts by the provider?” The answer actually varies depending upon the state involved.