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Recreational Injuries

Karns & Kerrison

This case occurred in Wisconsin and was not handled by Karns & Kerrison.

An exculpatory clause in a health club's guest registration form did not bar a negligence suit over a woman's drowning in the club's lap pool, the Wisconsin Supreme Court has ruled in reversing a summary judgment in favor of the club.

The plaintiff's mother drowned while swimming in a lap pool operated by the defendant. The plaintiff alleged that the defendant was negligent in failing to ensure that its employees followed procedures to safeguard against the risk of drowning.

The deceased woman signed a form - "waiver release statement" where she agrees to assume all liability. The court said the waiver was unenforceable and that the deceased woman's estate could sue.

In Rhode Island a signed waiver would not stop the estate of the deceased from recovering if the health club was negligent in not safeguarding risks, such as having lifeguards or procedures of safety in place.

If you have been the victim of a recreational injury, you need personal injury attorneys who know the law. Karns & Kerrison personal injury lawyers offer free consultations and no fee unless successful. Their experience in handling cases involving recreational injuries is extensive, and they are familiar with reviewing the kinds of data that can help prove negligence in an injury situation. Contact them now at {F:P:Site:Phone for an appointment.


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If you or your loved one suffered severe, life-altering injuries due to someone else’s negligence, we are here to help you fight for justice. For answers to your questions or to schedule a free consultation, contact our personal injury team at (888) 281-3100. We offer our legal services on a contingency fee basis, meaning you only pay attorneys’ fees after we have recovered compensation on your behalf.

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