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11 Miss. Sports L. Rev. 81 (2022)
Liability Waivers: Rethinking the Impact on Sports and Recreational Activities

handle is hein.journals/missisp11 and id is 82 raw text is: LIABILITY WAIVERS: RETHINKING THE IMPACT ON SPORTS AND RECREATIONAL ACTIVITIES Ivy E. Painter INTRODUCTION Pre-injury liability waivers now hold a new rank of relevancy with collegiate sports teams following the outbreak of COVID-19 (COVID).1 The constant demonstrations of uncertainty by collegiate sports teams are complicated debates about conducting regular-season games throughout the spring of 2020.2 Although colleges and universities still shoulder massive liability dealing with students during COVID, there is an associated higher risk when athletes contract the virus during university-related participatory sports.3 Surprisingly, some schools appear to believe that the simple solution is to have players sign liability waivers,4 allow players to assume all the risks associated with the sport, and waive any potential COVID-related claims.5 However, Congressional power players' viewpoints seem to differ on liability waivers. In June of 2020, United States (U.S.) Senators Richard Blumenthal (Blumenthal) and Cory Booker (Booker) wrote a letter to the National Collegiate Athletic Association (NCAA)6 urging the NCAA to prohibit member colleges and universities from requiring 1 See Annette Lopez & Christopher Hood, Fair or Foul?: College Sports and COVID- 19 Liability Waivers, Boies Schiller Flexner (June 29, 2020), https://www.bsfllp.com/ne ws-events/fair-or-foul-college-sports-and-covid-19-liability-waivers.html. 2 Id. a Id. 4 Id. 5 Id. 6 See Richard Blumenthal & Cory A. Booker, NCAA Revokes COVID-19 Liability Waivers for College Athletes in Response to Blumenthal & Booker Demand, Richard Blumenthal (Aug. 5, 2020), https://www.blumenthal.senate.gov/newsroom/press/release /ncaa-revokes-covid-19-liability-waivers-for-college-athletes-in-response-to-blumenthal- and-booker-demand (advocating for student-athletes' scholarships to be honored during the COVID pandemic if opting not to play). 81