COVID-19 RESOURCES

LITIGATION DEPARTMENT OF THE YEAR - Mid-Size Firm  ALM's Daily Report  

Issues to Consider in Developing Recreational Waivers in the Context of COVID-19

HotelExecutive

In an article published in HotelExecutive, Las Vegas Managing Partner Howard Russell discusses considerations for hotel owners and operators when developing recreational waivers amid the coronavirus pandemic. 

While courts across the country have developed various tests and criteria to determine the validity of recreational waivers, COVID-19 has presented a new set of risks for courts to assess.

"The new risks associated with COVID-19 transmission are not the traditional inherent risks that were the underpinning for assessing liability waivers, and will likely require courts to either apply existing standards to liability waivers, or re-assess whether their current jurisprudence adequately addresses COVID-19 risks as they relate to recreational facilities and activities," Russell writes. 

Russell further explains specific considerations in drafting forms, including statutory limitations and common law limitations. 

"In short, there is no 'one size fits all,'" Russell concludes. "If a hotel or resort intends to explore developing an adequate COVID-19 waiver to apply to recreational facilities or activities, close attention should be paid to state-specific laws or guidelines, and at the minimum, the risks associated with the symptoms possibly attendant to COVID-19 transmission should be carefully and conspicuously spelled out."

For the full article, click here.

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