Evaluating a Waiver
By Doyice Cotten
In waiver cases, a court has to determine if the liability waiver does, indeed, protect the defendant from liability for negligence. In this post, we will examine a recent waiver addressed in Garvine v.
Tag Archives: waiver
Waiver enforced under Maritime Law in Puerto Rico Jet ski Case
By Doyice Cotten
In the post last week, we looked at a waiver in a Puerto Rico jet ski case (Morgan v. Water Toy Shop, Inc., 2018). The Puerto Rican court examined the case in which the plaintiff was seriously injured in a collision with another party;
U.S. District Colorado Court of Appeals Addresses Unsigned Waiver (Disclaimer) on Lift Ticket
By Doyice Cotten
Carolyn Raup was injured dismounting a chairlift. The lift ticket was purchased for her by her daughter and son-in-law. The ticket had a waiver on its back side and a warning on the front reading “IMPORTANT WARNING ON REVERSE.”
Do Texas Courts Enforce Waivers for Gross Negligence?
By Doyice Cotten
Last week’s post, Court in Texas Trampoline Park Case Enforces Waiver for Gross Negligence, involved an occasion when a Texas Appellate court did enforce a waiver for gross negligence. But, when one looks at previous court rulings,
Oops! The Injured Client Did Not Sign the Waiver — What Now?
By Doyice Cotten
Tyrone Hill tripped over a yoga mat which had been left on the floor of a basketball court and suffered a fracture of the leg (Hill v. LA Fitness, 2018). He sued LA Fitness alleging negligence.
Niagara Jet Boat Patron Challenges Waiver on Negligence, Violation of a Safety Statute, Breaching a Condition of a Contract, and Gross Negligence
By Doyice Cotten
Scott and Sarah Witkowski and their son rode a Niagara Jet Adventures(referred to as Niagara) jet boat after having signed a waiver of liability. The boat hit a large wave throwing Scott and the son into Sarah causing injury.
Is the Business Liable for Falls in the Parking Lot?
By Doyice Cotten
Jade Kindermann was carrying her 22-month old son when she tripped over uneven pavement in the parking lot of the Lifetime Fitness Center (LTF Club Operations Company). Jade was unhurt, but her son suffered serious injuries when she landed on him. Read More
Assumption of Risk Determines Ruling in a Washington Tubing Case
By Doyice Cotten
This case has some similarities to the Swigart v. Bruno California case in last week’s post. Each case was determined by an assumption of risk and not by a waiver of liability.
Pellham participated in an inner tube float in which his tube struck a fallen log in the water.
Bounce House Rental Waiver Protects One Stop Rental Tool and Party from Liability
By Doyice Cotten
Richard Whitson rented an inflatable bounce house from the defendant, One Stop. Whitson had rented the house in the past.The bounce house weighs over 400 pounds and comes in a vinyl bag, uninflated. The bag has a strap on the bottom and a cinch strap at the top to keep the bag closed.
Choice-of-Law Provision Fails: Waiver Falls under Vermont Law
By Doyice Cotten
Brian Kearney was seriously injured while competing in a USSA sanctioned amateur downhill ski race at Okemo Mountain Resort in Ludlow, Vermont, in February, 2015. USSA members were eligible to participate and membership required signing a liability waiver (Kearney v.