Tag Archives: waiver

Hawaii Case Illustrates Why Admiralty Law Can be Important to Recreation Providers

December 10, 2015

By Doyice Cotten
Mark Strickert took his wife and two children on a snorkeling trip. He and his wife signed waivers on behalf of themselves and their children. The trip consisted of six scuba divers and six snorkelers (including the four Strickerts),

Arkansas Martial Arts Waiver Enforced without the Term “Negligence”

December 3, 2015

By Doyice Cotten

Pedro Trujillo suffered an injury while training at TK Martial Arts Academy and died two days later. It was alleged that Pedro was injured when two teaching assistants threw him to the ground numerous times while under the supervision of the instructor – who knew Pedro’s head was striking the floor.

U.S. District Court Case Clouds Vermont Waiver Law

November 17, 2015

By Doyice Cotten

Over the past 20 years four Vermont Supreme Court rulings have made Vermont waiver law relatively clear. A recent U.S. District Court for the District of Vermont ruling (Littlejohn v. Timberquest Park at Magic,

LOST WAIVERS: What Happens If You Can’t Produce a Signed Waiver?

October 12, 2015

LOST WAIVERS: What Happens If You Can’t Produce a Signed Waiver?

By Doyice Cotten

A recreation or sport provider is only half way home when they require that a client sign a liability waiver.

Costa Rica Bike Tour Waiver Fails to Protect Colorado Tour Company

September 29, 2015

By Doyice Cotten

Sandra Steinfield fell from her bicycle and was injured during a bicycle tour vacation in Costa Rica. She and her husband filed suit in their home state of Pennsylvania; the case was moved to Colorado for trial under Colorado law (Steinfield v.

Waiver Protects University Karate Instructor who Injured his Student

September 22, 2015

By Doyice Cotten
Aaron Morgan was a Kent State University student enrolled in a beginning karate class when he suffered injury. The instructor was demonstrating a technique when Morgan dropped his guard; this resulted in a blow to the face.

Club Thought it was Protected Against Negligent Emergency Care

August 25, 2015

By Doyice Cotten

All health clubs need a sound risk management program aimed at the prevention of injuries. Included in that program should also be the use of a comprehensive, broadly worded liability waiver – just in case the risk management program does not work perfectly.

Even Broadly Worded Waivers Are not Without Limitations

August 18, 2015

By Doyice Cotten

Many, or even most, waivers are written in such a manner as to include seemingly all mishaps that can occur to the client. There are many cases illustrating that the power of a liability waiver is not unlimited.

Waiver and Signage Helps Protect an Illinois Gymnastics Club

August 11, 2015

By Doyice Cotten

A strong waiver written specifically for a particular sport business can help to protect the business against liability for negligence resulting in injuries. In Macias v. Naperville Gymnastics Club (2015), Kamil Macias paid ten dollars and signed a liability waiver in order to use the facility.