James H. Moss, JDIndemnification fails again in a release.Indemnification is rarely if upheld in a release. The language does not meet the requirements needed under the law in most states to be an…Sep 14, 2020Sep 14, 2020
James H. Moss, JDNevada Appellate court voids release because statements made between the riders & the mechanical…A strong and well written dissent argued to enforce the release on general contract principals.Sep 9, 2020Sep 9, 2020
James H. Moss, JDStates that do not Support the Use of a Release.Assumption of the risk is your best defense in these states.Aug 13, 2020Aug 13, 2020
James H. Moss, JDFederal District Court in Utah voids release for bicycle racing because of public policy!Plaintiff was injured pre-riding a race course when he struck a barrier closing a street. Although the release was determined to be valid…Aug 12, 2020Aug 12, 2020
James H. Moss, JDEmployee of one New York climbing wall sues another NYC climbing wall for injuries when she fell…Release thrown out because of New York’s anti-release statute and condition causing plaintiff’s injury was the risk was “un-assumed…Aug 13, 2018Aug 13, 2018
James H. Moss, JDAssumption of the Risk is a valid defense against a claim by an injured indoor climber against the…The bigger crime here is the climbing gym could have stopped this quicker by have one additional clause in its release. The clause would…Aug 6, 2018Aug 6, 2018
James H. Moss, JDRelease for a health club which had a foam pit included language specific to the injury the…Argument made that the word inherent limited the risks the release covered and as such did not cover the injury the plaintiff received.Jul 30, 2018Jul 30, 2018
James H. Moss, JDPlaintiff cannot assume a risk which is not inherent in the activity or which he does not know.The decision lacks any real information on how a carabiner detached from a harness on a mobile climbing wall. However, the decision makes…Jul 16, 2018Jul 16, 2018
James H. Moss, JDWhat the term “strictly construed” actually means when used to describe how a release will be…The decision involves several legal issues, the one that concerns us is the issue of a release for a product. In Kansas, releases are…Jul 16, 2018Jul 16, 2018
James H. Moss, JDA loss of consortium claim started as a way to compensate a husband for the loss of his wife and…In most states, a loss of consortium claim is a derivative claim, meaning that the claim is successful if the original claim, the husband’s…Jul 2, 2018Jul 2, 2018
