By Doyice Cotten
Admiralty law applied in a recent Hawaii case in which a man died during a scuba dive trip (Hambrook v. Smith, 2016 U.S. Dist. LEXIS 109484). Hambrook drowned, at least in part,
By Doyice Cotten
Evans v. Fitness & Sports Club, LLC., 2016). This week we will look at Pennsylvania law and the ruling in the previous case. To review the facts:
On November 12,
By Doyice Cotten
Ronald Perry and his minor son filed suit against the Town of East Haddam after the son (Tucker) was injured while riding a scooter while attending a “Summer day camp.” (Perry v. Town of East Haddam,
By Doyice Cotten
Asabi Jackson, a black woman, claimed injury resulting from a tattoo administered by Black Ink Tattoo Studio. Prior to receiving the tattoo, she signed a waiver, but claims she was not given a copy and that no one signed as a witness;
By Doyice Cotten
Sandra Gibson joined the Rutherford County YMCA and signed a liability waiver. At a later date, she was injured when she tripped on an allegedly uneven or cracked sidewalk about 20 feet from the entrance to the YMCA.
By Doyice Cotten
Indiana law regarding waivers and extreme forms of negligence (gross negligence, reckless conduct, willful/wanton conduct and intentional acts) was addressed in Sportsdrome Speedway, Inc. v. Clark (2016 Ind. App. Unpub. LEXIS 363).
In this case,
By Doyice Cotten
Plaintiff Suzanne Conning fell while practicing for the bicycle leg of a triathlon, was struck by a passing car, and suffered injury. She fell as tried to return to the roadway from a gravel side surface.
By Doyice Cotten
Injuries occurring in health clubs in the State of New York can be problematic for club owners since protection against liability for negligence is ineffective in many circumstances – one being in places of amusement or recreation.
Doyice J. Cotten
FACT: A well-written waiver willingly signed by an adult participant can protect the service provider from liability for the provider’s negligence in most states.
FACT: Many waivers fail because of what might be termed “unforced errors” on the part of the writer in making clear the scope of the waiver.
By Doyice Cotten
The author has written about some of the problems with having non-readers sign a waiver. There can be problems whether the person is simply illiterate or does not speak and read English. Some courts have ruled that one is responsible for what one signs and have enforced waivers signed by non readers.