Guest column: Recent crisis proves America's financial system remains sound Aug 3, 2008
We must not threaten the viability of free markets by becoming dependent on taxpayer assumption of risk for private enterprise. For now, however, we seem to uniquely appreciate short-term help from Washington to apply additional assurances to the financial system. (Florida Times-Union)
Conshy resident voices concern about skateboard ordinance Jun 13, 2008
places the assumption of risk on the skater and make it the skater's responsibility to insure against it. This would absolve Conshohocken of liability. (Conshohocken Recorder, PA)
Financial crisis fallout Apr 7, 2008
It is valid, he says, because lawmakers and regulators, in their zeal to prevent another subprime muddle and protect the Fed's assumption of risk in investment banking, might impose new rules that would increase the already heavy regulatory burden on small banks like Humphrey's. "My concern is that commercial and community banks like ours are heavily regulated today. Most did not participate in the irresponsible subprime mess," said Humphrey, president and CEO of Warsaw-based Financial... (Buffalo Business First, NY)
Full Nevada Supreme Court taking 'baseball rule' case Jan 3, 2008
He called the case a classic example of implied assumption of risk by fans. Sports Information. (San Diego Union-Tribune -- Sports)
Recourse limited for sick QPP workers Dec 21, 2007
The theory that they tried to resolve was the assumption of risk. Today each state has its own legislative rule book for worker coverage. (Austin Daily Herald, MN)
Supreme Court reinstates lawsuit on farm accident (980) Nov 12, 2007
A jury also should consider issues related to the farm's argument that Stone's conduct amounted to an assumption of risk, the high court said. "In the instant case, the alternative to Stone remaining in the path of the moving tractor tire was to have stepped out of the way. However, given the suddenness in which the tractor began to move, a fact question remains with respect to Stone's ability to consider that alternative prior to being run over," Chief Justice David Gilbertson wrote for the... (Rapid City Journal, SD)
Companies seek removal from Quecreek lawsuit Sep 27, 2007
The second issue deals with contributory negligence and the assumption of risk. The defendants claim the miners took on the assumption of risk by continuing to work in a mine shaft that, by their own admission, was growing increasingly wet on the day of the breach. (Somerset Daily American, PA)
Terms of Service Sep 27, 2007
User Content Assumption of Risk. baltimoresun. (Sunspot.net -- Business)
Bid to Dismiss Age Bias Suit Based on CEO's Comment Fails Aug 7, 2007
Customers of Titan Homes, a subsidiary of Champion, initially balked at signing the forms because they required assumption of risk for homes that had yet to be delivered, according to Hurd's ruling. Within a few months, however, Titan Homes had signed an agreement with its shipper that was identical to ones being used at Champion's plants in Ephrata, Pa. (Law.com)
Judges, students hear rights case Apr 25, 2007
But after a jury heard evidence in the trial, the judge gave them an assumption of risk instruction in which he told the jurors they could find Martinez at fault for his own injuries if he knew he could get hurt when he slid into the base. The jury returned a verdict in favor of the manufacturer, and Martinez appealed. (Sierra Vista Herald, AZ)
C.F. couple suing Taco John's Dec 22, 2006
Joe wrote on December 14, 2006 1:26 PM:"They said they have not declared any damages to seek. But they will seek damages. Otherwise they wouldn't sue. The sad thing is that families who actually need the money don't have the means/money/knowledge to file suit, but this wealthy family is trying to get money. The good news is that all Taco Bell has to show is that they were not negligent, and showing that they got the lettuce from a reputable source and have reasonable safeguards in place to... (Waterloo-Cedar Falls Courier)
Oral Agreement Could Supersede Ski Resort's Release Form Nov 17, 2006
The trial court ruled that under the Skiers Responsibility Act and the assumption of risk doctrine, there was a question of fact remaining as to whether the operator's actions were negligent. The court added, however, that by signing the release form, Chepkevich agreed to accept all risks of skiing regardless of negligence, Stevens said. (Law.com)
Halloween happenings offer fun for everyone Oct 27, 2006
All riders must present evidence of a negative Coggins test for their horse, and a signed release and assumption of risk form is needed. A parent or legal guardian must accompany riders younger than 18. (Orlando Sentinel -- News)
Claims Against Karate School Over Broken Nose Dismissed Oct 25, 2006
"The primary assumption of risk doctrine, particularly as applied to sporting venues and recreational events, relieves defendants such as the one in the case at bar of liability 'when a consenting participant is aware of the risks; has an appreciation of the nature of the risks; and voluntarily assumes the risks,'" wrote Doyle in his decision, quoting from Turcotte v. Fell, 68 NY2d 432, 439, 510 NYS2d 49 (1986). He noted that Martezian had more than six years of martial arts experience prior to... (Law.com)
Mobile home gets OK in Racine Sep 29, 2006
Four conditions were applied to the CUP, including the now requisite Rural and Agricultural Home Owners Assumption of Risk Assessment. The latter is designed to protect rural and agricultural interests from homeowners who would seek to deprive them of their way of life in the countryside. (Austin Daily Herald, MN)
Neighbors are leery of taping drug deals Sep 22, 2006
He said the city would counterargue under the "assumption of risk doctrine" that the person using the video camera assumed the risk and should have known it was inherently dangerous. City Risk Manager Joel Peterson said he didn't believe the city would be liable because the risk would pass to a third party the resident. (FOX 11, AZ)
Business Briefcase Aug 21, 2006
of Foley, Cognetti, Comerford, Cimini ns, published an article in The Pennsylvania Law Weekly titled Dead or Alive: The Assumption of Risk Doctrine in Pennsylvania, which explored the continuing validity of the assumption of risk defense in civil lawsuits. Bruce Deeble, executive chef/foodservice director of Metz and Associates, Ltd., was inducted into the American Academy of Chefs, the honor society of the American Culinary Federation. (Scranton Times, PA)
Robber sues victims after they beat him Jun 13, 2006
" whatever wrote on June 12, 2006 9:02 AM:"I think emotional distress would be part of the 'assumption of risk' of being a gun-wielding thug. lol How about a counter-suit by the people of New York for the cost of keeping his sorry behind sheltered and fed. (The Pantagraph newspaper)
Read more at ITManagersJournal.com Jun 10, 2006
How much tolerance does the organization have for assumption of risk. Where the culture is conservative, there will be a higher tendency to avoid risk, as there will be in organizations where the IT experience has not been satisfactory. (NewsForge)
Federal program could help fund TTA rail system May 25, 2006
A public-private partnership would see the rail line's construction funded in part by private businesses, that, "when appropriately compensated for performance and the assumption of risk, can deliver goods and services for less and on better terms than the public sector," according to the federal announcement of the proposal. "There's no downside. ... because it will offset the costs generated by the project," Claflin said. (Herald Sun)
Judge Declines to Find Garden Hoses Inherent Danger to Bicyclists in Manhattan May 10, 2006
"With implied assumption of risk you have to show, among other things, that the risk you're talking about is one that is inherent in the sport or the recreation," Penson said. "It's certainly at minimum a question of fact whether encountering a garden hose is an inherent risk. There are lots of inherent risks to bicycling in Manhattan, but I don't think that's one of them.". (Law.com)
The Perils of Turning Pro Feb 22, 2006
The rental agency can then claim your knowing assumption of risk, plus contributory negligence, and thereby reduce its exposure. In contrast, if I rent you a rocket ship, and it crashes on a city, I can't reasonably claim that you should have magnafluxed the turbine rotors before you took off or even that you should have known better than to fly it over an inhabited area. (eWeek)
Katz on the Limits of Consent Jan 22, 2006
I explore several examples of this: our wariness of tradable pollution permits, our restriction on the assumption of risk defense, the ubiquity of so-called victimless crimes, and the impossibility of enforcing a personal service contract by specific injunction. These examples are far from exhaustive. (Blawg -- Business Law)
