Bagley v. Mt. Bachelor, Inc.: A New Direction for the Enforceability of Sports Waivers?
-
Alfred C. Yen
Abstract
In Bagley v. Mt. Bachelor, Inc., the Oregon Supreme Court considered a topic of widespread, daily significance – the enforceability of tort waivers in the context of sports and recreation. Although these Sports Waivers vary considerably in their precise form and deployment, they function primarily to release organizers and providers of sports and recreation from claims of negligence. Almost every adult has signed such a waiver. Indeed, such waivers are so common that one might fairly think that (assuming the waivers are enforceable) the typical sports or recreation provider faces little to no accountability for its own negligence. Bagley stands out among recent cases because it opened new directions for how to evaluate and draft Sports Waivers.
Funding source: Boston College
Award Identifier / Grant number: Unassigned
© 2023 Walter de Gruyter GmbH, Berlin/Boston
Articles in the same Issue
- Frontmatter
- Articles
- Briggs v. Southwestern Energy Production: Hydraulic Fracturing and Subsurface Trespass
- Bagley v. Mt. Bachelor, Inc.: A New Direction for the Enforceability of Sports Waivers?
- Felons, Outlaws, and Tort’s Troubling Treatment of the “Wrongdoer” Plaintiff
- Goodbye Substantial Factor, Hello Doull v. Foster!
- Preventing Student Suicide: Nguyen v. Massachusetts Institute of Technology
- Robinson v. Chief Constable of West Yorkshire Police: Taking Duty Back to Basics
- The Irresistible Simplicity of Preventing Harm
Articles in the same Issue
- Frontmatter
- Articles
- Briggs v. Southwestern Energy Production: Hydraulic Fracturing and Subsurface Trespass
- Bagley v. Mt. Bachelor, Inc.: A New Direction for the Enforceability of Sports Waivers?
- Felons, Outlaws, and Tort’s Troubling Treatment of the “Wrongdoer” Plaintiff
- Goodbye Substantial Factor, Hello Doull v. Foster!
- Preventing Student Suicide: Nguyen v. Massachusetts Institute of Technology
- Robinson v. Chief Constable of West Yorkshire Police: Taking Duty Back to Basics
- The Irresistible Simplicity of Preventing Harm
