Tag Archives: wall climbing

Promises of Safety Can Disable Your Waiver

By Doyice Cotten

The Alaska Supreme Court has provided a 6-Element test for liability waivers. One of these elements is that “the release agreement must not represent or insinuate standards of safety or maintenance.”  In other words, watch the language of the waiver and do not promise the patron they will be safe from injury.

Langlois v. Nova River Runners, Inc.

In Langlois v. Nova River Runners, Inc.

Does an Indiana Climbing Wall Waiver Protect Against Claim Negligent Training of Employees?

By Doyice Cotten

Alexis Wiemer visited Hoosier Heights Indoor Climbing Facility in October, 2014. Weimer attended a facility orientation in which an employee, Kayli Mellencamp, conducted an employee-guided training on how to boulder, belay, and top rope climb. Wiemer then signed a Waiver form. Pertinent parts of the waiver form read:

RELEASE AND ASSUMPTION OF RISK: In consideration of being permitted to use the facilities of Hoosier Heights Indoor Rock Climbing Facility L.L.C., and mindful of the significant risks involved with the activities incidental thereto,

Check Your LIABILITY IQ: Was it Ordinary Negligence or Gross Negligence in Climbing Wall Case?

By Doyice Cotten

In a Michigan rock wall climbing injury case (Alvarez v. LTF Club Operations Company Inc., 2016), the plaintiff had climbed the wall and started to belay down when his harness broke because he had it on backwards and incorrectly hooked to the belay system. He fell from the wall and was seriously injured. Subsequently, he filed suit claiming the waiver of liability of ordinary negligence he signed was not applicable because LTF was guilty of gross negligence.

Connecticut Wall Climbing Waiver Fails

By Doyice Cotten

In a 2014 case, a Connecticut Superior Court failed to enforce a pre-injury waiver signed by the plaintiff (Lecuna v. Carabiners Fairfield, LLC, 2014 Conn. Super LEXIS 2610). Plaintiff fell from the facility while “bouldering” and sued claiming negligence.
Among the allegations were:

• Climbing hold attachment turned or came loose.
• Attendant “spotter” had walked away and was not present to break the fall.

Alaska Supreme Court Clarifies Alaska Waiver Law in Rock Gym Case

By Doyice Cotten

Claire Donahue (Donahue v. Ledgends, Inc., 2014 Alas. LEXIS 153) signed up for a rock climbing class at Ledgends (dba Alaska Rock Gym). She was inexperienced in climbing, but active in other sport activities.

Waiver

Prior to her first class Donahue signed a Participant Release of Liability, Waiver of Claims, Assumption of Risks, and Indemnity Agreement. She signed it voluntarily, but failed to read it carefully.