Oregon OR businesses, for 3rd time trying again to reverse an OR Supreme Ct ruling and allow releases to be valid in the state. https://rec-law.us/2p9yjwsy You can read a review of the Supreme Ct decision here https://rec-law.us/2amrvh8t. The court in that decision used 3 different ways to invalidate releases. Good luck, but tough uphill battle
Release #Waver #AssumptionoftheRisk #oregon #GetOutdoors #EnjoyLife #EnjoytheOutdoors #VisitaPark #RiskManagement #RecLaw #RecreationLaw
Assumption of the Risk, the Release, & OceanGate is gone make chances of winning lawsuit over deaths slim, besides how does anyone if deceased experienced fear before implosion? https://rec-law.us/4ynw4rw2
#GetOutdoors #Releases #Waivers #AssumptionoftheRisk #AcknowledgmentOfRisk #RiskManagement @RecreationLaw #RecLaw #RecreationLaw
States that allow a parent to sign away a minor’s right to sue. Use this chart to determine the status in your state on a parent's right to sign away a child's right to sue. 7 states allow a parent to sign away a minor's right to sue for all activities. 3 states are in limbo but might agree & allow it. 4 states allow if for specific activities. https://rec-law.us/Releases-Minors
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Most of the decision centers around the instructions given by the court; however, there are great nuggets of help for the industry. Bradley v. Louisville Mega Cavern, LLC, 2022-CA-0828-MR (Ky. Ct. …
TV “fitness race” creates “want to Be’s” & “look a likes” and a lawsuit. “No Duty Rule” says the plaintiff failed to prove the Defendant owed them a duty. https://rec-law.us/msrv8fav
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Bad response to the accident & poorly written release wiped out defenses to the lawsuit way the plaintiff was treated post injury, you could see litigation https://rec-law.us/2p8h8sz5
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The way the plaintiff was treated post injury, you could see that litigation was coming. Browne v. Foxfield Riding Sch. (Cal. App. 2023) State: California; California Court of Appeals, Second Distr…
Insurance companies are fighting policyholders rather than plaintiffs in the recreational industry field. https://rec-law.us/2p8uemdd
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Insurance companies are attempting to avoid liability in OR cases by denying coverage. I’ve seen 4 in the past year in outdoor recreation. Scottsdale Ins. Co. v. Meech (D. Minn. 2023) State: …
Reasons why colleges & university for credit and non-credit outdoor programs should use a release https://rec-law.us/2p9e7zsf
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Assumption of the Risk is a defense to lawsuits in most states. OR businesses & their guests to be fully aware of & willingly accept the risks associated with any activity https://rec-law.us/AssumptionoftheRisk
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In Georgia, a release signed by a defendant for a previous event can be used to defeat a claim in a new event if it includes clear and unambiguous language that the signer assumes the risk of participating in the activity. This legal concept is known as the assumption of the risk. https://rec-law.us/3UO7zL5
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