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Admiralty Law Trumps GOL 5-326 Statute in NY Jet Boat Waiver Case

Admiralty Law Trumps GOL 5-326 Statute in NY Jet Boat Waiver Case By Doyice Cotten In New York, liability waivers relieving a service provider of liability for ... Related posts:Lake Tahoe Parasailing...

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Waiver Clearly Specifying Risks Enforced in NY Case

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 ... Related posts:Admiralty Law Trumps GOL 5-326...

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Effects of the West Virginia Nonprofit Adventure and Recreational Activity...

  By Doyice Cotten The purpose of this post is to take a close look at the West Virginia Statute §20-16-1 to 8, Nonprofit Adventure and Recreational ... Related posts:Sport Safety Statutes Can Affect...

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Is Your Waiver Included within your Membership Agreement? This Case May...

By Doyice Cotten We often post reminders that two good rules to follow are: 1) Use a stand alone document for your waiver. Do not include ... Related posts:Problem with Waiver Contained Within...

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Waivers OK in Montana – New Statute

By Doyice Cotten For years there have been three states that prohibit the enforcement of pre-injury liability waivers: Louisiana, Montana, and Virginia. Now there are only ... Related posts:Colorado...

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Risk Management at a Mexico All-Inclusive Resort

By Doyice Cotten A family vacation in the Yucatan peninsula of Mexico gave me an opportunity to evaluate risk management at an all-inclusive resort. One would ... Related posts:Active Risk Management...

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First Parental Waiver Enforced in North Carolina

By Doyice Cotten In Kelly v. United States of America (2014), the first parental waiver was enforced in North Carolina by a U.S. District Court. Morgan ... Related posts:N.C. Law Regarding Enforcement...

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Problem with Waiver Contained Within Membership Agreement

By Doyice Cotten In Hinkal v. Gavin Pardoe & Gold’s Gym (2015), Melinda Hinkal was injured while a client of a Pennsylvania health club. She had ... Related posts:Is Your Waiver Included within...

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Sport Safety Statutes Can Affect the Effectiveness of Liability Waivers

By Doyice Cotten Most states have enacted at least one of what are sometimes called sport safety acts or shared responsibility statutes (e.g., equine, ski, whitewater ... Related posts:Liability...

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Moot Waiver and “Open and Obvious” Issue

By Doyice Cotten This Ohio case involved a slip and fall in a puddle of water when Marie Daher was leaving the swimming pool area going ... Related posts:Someone was Injured! Am I Liable?Duty to do...

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Agritourism Liability: A Question in Georgia

By Doyice Cotten Recently I stopped at an operation in South Georgia in which the operator charges one dollar each for patrons to enter a fenced ... Related posts:Provider Not Liable Due to Equine...

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Hawaii Statute Prohibiting Waivers Enforced in Scuba Case

By Doyice Cotten In a recent ruling, the U.S. District Court of Hawaii ruled that a liability waiver could not protect a scuba diving business from ... Related posts:Hawaii Waiver Law Clarified:...

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Waiver and Signage Helps Protect an Illinois Gymnastics Club

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. ... Related...

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Even Broadly Worded Waivers Are not Without Limitations

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. ... Related posts:Unsupervised Facility May Require...

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Club Thought it was Protected Against Negligent Emergency Care

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 ... Related posts:Cardiac Care in ClubsEven...

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Causes of Personal Trainer Lawsuits — Part I

Part I – Client Medical History By Doyice Cotten Personal trainers should guard against the temptation to try to help every potential client. The trainer should realize ... Related posts:Waiver Law in...

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Causes of Personal Trainer Lawsuits — Part II

Part II – When an Injury Occurs By Doyice Cotten Regardless of how careful a personal trainer is, injuries will occur. And when the injury occurs, the ... Related posts:Causes of Personal Trainer...

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Personal Trainer Suit Illustrates the Need for Risk Management Training

By Doyice Cotten It is easy to find mistakes made by personal trainers. As their popularity increases, so do the lawsuits that pop up charging them ... Related posts:Causes of Personal Trainer Lawsuits...

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Waiver Protects University Karate Instructor who Injured his Student

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 ... Related posts:Effect of Waiver in...

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Costa Rica Bike Tour Waiver Fails to Protect Colorado Tour Company

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 ... Related posts:Risk Management: Cruise Ship...

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