By Doyice Cotten
Where there are fitness, recreation, and sport activities, there are injuries! Unfortunately, where there are injuries, there are lawsuits! Providers of these activities must take care to manage risk in three ways. First, the provider should institute a sound risk management program which includes an approach toward reducing the likelihood of injury as much as possible.
By Doyice Cotten
Most state waiver law comes from court rulings but many state legislatures have passed statutes regarding liability waivers. Some statutes have a strong impact upon waivers in the state; others are less important, often affecting waivers for only one sport.
By Doyice Cotten
Brenda Fecke, a senior at LSU, fell while bouldering at the LSU Recreation Center indoor rock climbing wall facility. The fall resulted in an ankle injury; this was followed by a lawsuit alleging negligence on the part of LSU (Fecke v.
By Doyice Cotten
The Waiver
“I understand that there are inherent and other risks involved in the sport for which this equipment is to be used and that injuries are a common and ordinary occurrence of the sport,
By Charles R. Gregg and Catherine Hansen-Stamp ©2012*
I am pleased to be able to run this great article on waivers and releases by two of the leading adventure law attorneys. Part I was posted last week.
Part 6 of a 6 Part Series
This series is specifically aimed at the needs of Bike Shops, however much of it holds true for many other sport-related businesses. The first five articles are written by Scott Chapin who has 15 years of experience in insurance and specializes in insurance for Bike Shops.
By Doyice Cotten
In Waivers & Releases of Liability (7th ed.), this author devotes two entire chapters (More than 50 pages) to how to write an effective waiver. One can construct a great waiver by following the guidelines presented.
By Doyice Cotten
Waivers may fail for a number of reasons. Over the last several years it seems that there is a rash of failures because the waiver was 1) too narrowly constructed, 2), overly broad or 3) did not specifically name a party seeking protection.
