Tag Archives: willful and wanton

Snow Tubing Case Helps to Clarify the Tough Maine Waiver Law

By Doyice Cotten

 Karrol Leadbetter went snow tubing at Family Fun Management, a Maine amusement center. She suffered an injury and sued the center alleging negligence, gross negligence, and recklessness (Leadbetter v. Family Fun Mgmt, 2018).

The snow tube course consists of a number of parallel snow-covered tracks divided by man-made berms of snow. At the bottom of the tracks is a common runout area with a man-made pile of snow, which acts as a retaining wall to slow snow tubers at the end of their runs.

Michigan Waiver Case Examines Ordinary vs. Gross Negligence When the Steering Wheel Comes Off a Racecar

By Doyice Cotten

Michigan courts have consistently ruled that a liability waiver can insulate a defendant against ordinary negligence. Likewise they have on many occasions held that such a release cannot protect a party against gross negligence or willful and wanton misconduct. In Gonzalez v. Rusty Wallace Racing Experience (2015 Mich. App. LEXIS 25), the Court of Appeals of Michigan considered the enforceability of two waivers signed by a plaintiff prior to engaging in the Racing Experience.

Kentucky Motocross Race Waiver Upheld for Negligence and Willful and Wanton Negligence

By Doyice Cotten

In 2011, Walter Brotherton worked on a voluntary basis as a mechanic for one of the racers in the Kentucky Indoor Motocross Championship.

Brotherton was injured during a practice heat while standing near the starting gate.  He and others  decided to move and watch the practice from another location inside the Arena, but at that moment a motorcyclist topped a hill and careened into the starting area injuring Brotherton.

He subsequently sued,

Waivers Upheld for Negligence in 3 of 4 Trail Ride Cases in 2013

By Doyice Cotten

Trail rides have been a risky proposition for women in 2013. As can be seen below, a well-written liability waiver for trail rides will provide protection for equine providers from liability for ordinary negligence in most states.

Utah

In Penunuri v. Sundance Partners, LTD (2013), the rider signed a pre-injury waiver prior to a guided trail ride. Lisa Penunuri was injured by falling from her horse when the horse unexpectedly accelerated to close the gap to the next rider.

Michigan “Warrior Dash” Waiver Protects Against Negligence (But Not Gross Negligence or W/W Misconduct)

By Doyice Cotten

This is the first case encountered by the author that has resulted from one of the popular adventure-obstacle races such as Spartan Race and Tough Mudder. Here, the waiver used for Warrior Dash is challenged.

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In July 2011, James Sa participated in a two-day event known as the “Warrior Dash” which is a 5k running race with obstacles, including jumping over fire, wall climbing,

Will Waivers Protect Against Liability for Gross Negligence and Other Extreme Actions?

This article was taken from Waivers & Releases of Liability 7th ed. and updated for SportWaiver.com. Click SportWaiver for a limited time special price on the book.

By Doyice Cotten

Waivers are now enforceable and can protect the service provider from liability for ordinary negligence in almost every state. However, courts in most states generally hold that waivers intended to protect against gross negligence, reckless conduct, willful or wanton conduct, and intentional acts are against public policy.