warning of risks Archives

For Protection under Assumption of Risk: Injured Party MUST Have Known the Risks!!!

November 10, 2015

By Doyice Cotten
One of the most commonly used defenses when someone is injured in a recreational activity is that the participant assumed the risks. While the law varies somewhat from state to state, it is generally an effective defense when the provider has not been negligent.

Waiver Clearly Specifying Risks Enforced in NY Case

May 26, 2015

By Doyice Cotten

Last Week’s Post (Admiralty Law Trumps GOL 5-326 Statute in NY Jet Boat Waiver Case) focused on fact that federal admiralty law supersede state law (including New York’s G.O.L. 5-326. We look at this case again (Brozyna v.