It's not what I write, It's what you Learn
Negligently Luring Bears – Colorado C.R.S. § 33-6-131 Colorado law regulates the intentional placement of food or edible waste in the open when the purpose is to lure a wild bear. The statute in the uploaded source is C.R.S. § 33-6-131, “Knowingly luring bears.” The source identifies the statute as current through July 1, 2026, […]
Mississippi Rep Agreements – Contracts Between Out-of-State Principals and Commissioned Sales Representatives (§§ 75-87-1 — 75-87-7) Chapter 87. Contracts Between Out-of-State Principals and Commissioned Sales Representatives (§§ 75-87-1 — 75-87-7) Table of Contents 75-87-1. Definitions. 1 75-87-3. Sales representative contract to set forth means by which commissions shall be computed and paid. 1…
Kansas Rep Law – Commission Salespersons (§§ 44-341 — 44-347) 44-342. Same; termination of contractual relationship; penalty and interest for nonpayment, when. 1 44-343. Same; payment of undisputed commissions; effect of acceptance. 2 44-344. Same; deceased salesperson. 2 44-345. Same; corporate employees; liability for violation. 2 44-346. Same; proceedings to enforce act. 3 44-347. Same; […]
10-1-700 Definitions. As used in this article, the term: (1) ‘Commission’ means compensation accruing to a sales representative for payment by a principal, the rate of which is expressed as a percentage of the dollar amount of orders or sales or as a specified amount per order or per sale. (2) ‘Principal’ means a person […]
To See a Review of this case go to: Plaintiff assumed the risk walking behind an Airbnb and not following the trail. Hlad v. Hirsch, 2025 U.S. Dist. LEXIS 267967 *; 2025 LX 611567 United States District Court for the Middle District of Pennsylvania December 31, 2025, Decided; December 31, 2025, Filed CIVIL ACTION NO. […]
Airbnb did not possess the land Hlad v. Hirsch, 2025 U.S. Dist. LEXIS 267967, 2025 LX 611567 State: Pennsylvania, United States District Court for the Middle District of Pennsylvania Plaintiff: Teresa Hlad and Steven Hlad Defendants: SarahHirsch,YoelHirsch,andAirbnb,Inc. Plaintiff Claims: Negligence against Defendants, and Steven Hlad, Loss of Consortium Defendant Defenses: Assumption of the Risk…
Joe’s acceptance speech was awesome. He thanked the board for helping him through Scouting as a youth. I know that no board members at that breakfast were on the board when Joe was a young scout, but the meaning, the value, was very true, as it was fifty years ago. I’m extremely proud and honored […]
Unwritten rules of surfing etiquette are not rules of surfing. When you see other surfers breaking those rules all the time, you can’t complain when you are injured by someone breaking the rules. Olson v. Saville, 2d Civ. B324465 (Cal. App. Jan 17, 2024) State: California; California Court of Appeals, Second District, Sixth Division Plaintiff: […]
For a review of this decision see: Surfboarder who cut off another Surfboarder already in the wave is protected by the defense of Primary Assumption of the Risk Olson v. Saville, 2d Civ. B324465 (Cal. App. Jan 17, 2024) MARK OLSON, Plaintiff and Appellant, v. PATRICK SAVILLE, Defendant and Respondent. 2d Civ. No. B324465 California […]
1. You must constantly keep your manual and your website up to date. Any changes in how your product is used or any warnings about the product must be communicated as quickly as possible to all past, present, and future buyers and users of your product. 2. In some states, this duty extends to information […]
Plaintiff was part of a team-building group for her school/employer, she fell off the balance beam and sued for her injuries. Hazen v. Woodloch Pines Resort, Civil Action 3:21-cv-00174 (M.D. Pa. Feb 16, 2024) State: Pennsylvania, United States District Court, M.D. Pennsylvania Plaintiff: Erin Hazen Defendant: Woodloch Pines Resort d/b/a Woodloch Pines, et al Plaintiff […]
To Read an Analysis of this decision see: After this decision, I’m not sure you could prove assumption of the risk without a written document and a video or more. ERIN HAZEN, Plaintiff, v. WOODLOCH PINES RESORT d/b/a WOODLOCH PINES, et al., Defendants. Civil Action No. 3:21-cv-00174 United States District Court, M.D. Pennsylvania February 16, 2024 […]
However, there is an inference from the interviews that is incorrect. The ski patrol is not trained, licensed, or allowed to chase down people in skier v. skier collisions. Analyzing 5 years of injuries, crashes and hit-and-runs at Colorado ski areas by Jason Blevins Skier v. Skier collision is the term used to describe any […]
Unless listed here, your state does not allow a parent or guardian to sign away a minor’s right to sue. State By Statute Restrictions Alaska Alaska: Sec. 09.65.292 Sec. 05.45.120 does not allow using a release by ski areas for ski injuries Arizona ARS § 12-553 Limited to Equine Activities Colorado C.R.S. §§13-22-107 Florida Florida […]
Mother signed her son up for a trip and claimed she signed the release. This invalidated a change of venue because the forum selection clause was not at issue. Bonnen v. Pocono Whitewater, Ltd., Civil Action 3:20-cv-01532 (M.D. Pa. Sep 17, 2021) State: Pennsylvania; United States District Court, M.D. Pennsylvania Plaintiff: CAROLINE BONNEN, et al […]
Bonnen v. Pocono Whitewater, Ltd., Civil Action 3:20-cv-01532 (M.D. Pa. Sep 17, 2021) CAROLINE BONNEN, et al., Plaintiffs, v. POCONO WHITEWATER, LTD., Defendant. Civil Action No. 3:20-cv-01532 United States District Court, M.D. Pennsylvania September 17, 2021 MEMORANDUM JOSEPH F. SAPORITO, JR., U.S. Magistrate Judge. This diversity action is before the court on the defendant’s motion […]
If you are on Federal land or Federal water making money you have to have a Federal Permit United States v. Warman, 23-MJ-02-EBA, Violation 1062808 (E.D. Ky. Mar 15, 2023) State: Kentucky; United States District Court, E.D. Kentucky, Northern Division Plaintiff: UNITED STATES OF AMERICA Defendant: HEATHER WARMAN Plaintiff Claims: Defendant Defenses: She did not […]
To Read an Analysis of this decision see: Defendant found criminal guilty for failing to have a federal permit to operate on a lake owned by the United States Army Corps of Engineers (USACE) UNITED STATES OF AMERICA, PLAINTIFF, v. HEATHER WARMAN, DEFENDANT. No. 23-MJ-02-EBA Violation No. 1062808 United States District Court, E.D. Kentucky, Northern […]
US Army Corp of Engineers Land Use Regulations § 327.0 Applicability. 2 § 327.1 Policy. 2 § 327.2 Vehicles. 3 § 327.3 Vessels. 3 § 327.4 Aircraft. 4 § 327.5 Swimming. 5 § 327.6 Picnicking. 5 § 327.7 Camping. 5 § 327.8 Hunting, fishing, and trapping. 6 § 327.9 Sanitation. 6 § 327.10 Fires. 6 § 327.11 Control of animals. 7 § 327.12 Restrictions. 7 § 327.13 Explosives, […]
The issue revolved around the authority of one brother to sign the electronic release on behalf of the other brother. Marken v. Wachusett Mountain Ski Area, Inc., 21-P-667 (Mass. App. May 02, 2022) State: Massachusetts; Appeals Court of Massachusetts Plaintiff: Charles Marken Defendant: Wachusett Mountain Ski Area, Inc. Plaintiff Claims: Negligence Defendant Defenses: Release Holding: […]
To Read an Analysis of this decision see: Release validity was based on whether brother had authorized brother to sign electronic release for him. CHARLES MARKEN v. WACHUSETT MOUNTAIN SKI AREA, INC., & another.[1] No. 21-P-667 Appeals Court of Massachusetts May 2, 2022 Summary decisions issued by the Appeals Court pursuant to M.A.C. Rule 23.0, […]
Indemnification agreements in releases fail. You cannot write the language in a release to qualify for indemnification. Here the ski area tried to get greedy and got slammed. Vladichak v. Mountain Creek Ski Resort, Inc., A-1367-20 (N.J. Super. App. Div. Apr 13, 2022) State: New Jersey; Superior Court of New Jersey, Appellate Division Plaintiff: Andrea […]
To Read an Analysis of this decision see: New Jersey ski area pushes “indemnification” clause in release too far and gets told by court its release is an adhesion contract. ANDREA VLADICHAK, Plaintiff-Respondent, v. MOUNTAIN CREEK SKI RESORT, INC., Defendant-Appellant, and MICHAEL LAVIN, Defendant-Respondent. No. A-1367-20 Superior Court of New Jersey, Appellate Division April 13, […]
New Jersey Ski Statute, (N.J.S.A.) 5:13-1. Legislative findings; purpose of law 1 5:13-2. Definitions 2 5:13-3. Responsibility of operator 2 5:13-4. Duties of skiers 3 5:13-5. Assumption of risk of skier 4 5:13-6. Application of law on comparative negligence 4 5:13-7. Report of injury; precondition to suit; limitation on time 4 5:13-8. Limitation of action 5 5:13-9. Minors; tolling of limitations…
Ski Area Liability Act now becomes a road map for plaintiffs to sue ski areas Milus v. Sun Valley Co., 49693-2022 (Idaho Dec 19, 2023) State: Idaho; Supreme Court of Idaho Plaintiff: Laura Milus, in her individual capacity and as Guardian of the Minor Child Plaintiff, D.L.J., Plaintiff-Appellant Defendant: Sun Valley Company, a Wyoming corporation […]