By Doyice Cotten
In a recent case (Rosen v. BJ’s Wholesale Club, Inc., 2012 Md. App. LEXIS 100), Rosen was a member of BJ’s Wholesale Club. In becoming a member, Rosen signed a waiver releasing the store from liability for negligence.
By Doyice Cotten
Jahndee Hong and her husband joined an athletic club and signed a liability waiver. In addition to the names of her and her husband, the membership listed the names of all three of their children.
By Doyice Cotten
[It is interesting (frustrating) that this Indiana case (and 2 more parental waiver cases to be addressed soon) have been recently published and found just days after a summary article for parental waivers appeared on this website.]
Facts
A 17-year-old girl playing in a summer baseball/softball league was injured while sliding into second base (Wabash County Young Men’s Christian Association,
By Doyice Cotten and Mary Cotten
To be effective and stand up in court, a waiver must be clear, explicit and comprehensible. It must be easily readable and placed in such a way to compel notice. A waiver of liability may not be enforced if it is unlikely to be noticed and understood by the signer.
By Doyice Cotten
On a recent trip to North Carolina, I picked up a copy of their waiver from three whitewater rafting companies – Nantahala Outdoor Center, Inc. (NOC), Carolina Outfitters, Inc.,
By Doyice Cotten and Mary Cotten
In Waivers & Releases of Liability 7th ed. (Cotten, D. and Cotten, M, 2010), Arkansas was classified as a Strict state when it comes to enforcing waivers. A recent U.S. District Court ruling upholding the waiver in Kotcherquina v.
By Doyice Cotten
Inflatable houses (also known as bounce houses) have been gaining in popularity across the country. Google “inflatable house manufacturers” and you will find dozens, if not hundreds, of manufacturers. You find these houses operated in permanent locations,
By Corinna Charlton, Charlton Equine Law
Editor’s Note: Thanks to Corinna for this contribution to SportWaiver.com. She is an equine attorney in San Francisco. This article originally ran in her blog, http://ribbonsandredtape.blogspot.com/ on June 7,
By Doyice Cotten
I attended a rodeo in Georgia recently and witnessed an event that had considerable potential for injury. The event was called the Calf Scramble. The event consists of a large number of children who upon a signal chase a calf around the arena while attempting to pull a tag off his tail.
By Doyice Cotten
What is Risk Management? An expert in adventure law, Reb Gregg says:
The primary purpose of a risk management plan is not the avoidance of legal liability. Rather, it is the maintenance of a quality program;