Waivers May Trump Finding Of Negligence
- Date: 2009-07-15 - Word Count: 504
Share This!
Many businesses and organizations that provide activities for clients have participants sign liability waivers that are meant to release the business from responsibility if a client or participant is injured.
Waivers may trump a finding of negligence if a business is sued. However, they need to be carefully worded and vetted in order to be valid. If not, you may find yourself in just as much legal trouble as if you had not asked for a waiver in the first place.
Consider a canoeing company. A family rents a canoe for a trip downriver. The canoeing company has them sign a standard waiver exempting the company from any liability for any event and the family takes off down river.
During the trip, the seat on the canoe snaps, sending the father crashing to the canoe floor, then flinging him against the side of the canoe, knocking him unconscious, giving him a concussion, and requiring a hospital visit for stitches.
The family sues the canoeing company despite the liability waiver they signed. Is the canoeing company free and clear with no worries about losing the suit? No. The family could possibly win, despite the signed waiver.
If you want the waiver to trump a finding of negligence, then the waiver needs to be air tight, reviewed by a competent attorney, and in compliance with the laws of the state.
Without the proper wording, the waiver is worthless.
Keep in mind that the courts have a bias against the waiver in the first place. Because the liability waiver attempts to lift an accepted common law burden of reasonable care from the business owner and shift it to the customer, the court does not favor the agreements as a matter of course.
The waivers attempt to make the customer completely and solely responsible for his injuries, even if they were caused or exacerbated by the negligence of the business.
In fact, there are several states that completely ignore liability waivers, finding that they are void simply because they attempt to override the understood agreement between business and customer.
In order to decide whether or not a waiver should be accepted, a court will examine it carefully and consider questions like these:
Is the waiver stated in clear language that is understandable to the client?
Does it say without any confusion and in very direct language that a client is agreeing to dismiss any possibility of liability from the person or entity?
Was there enough explanation about any risks given to the client so that they know exactly what it meant to sign the waiver and to accept the risk and liabilities?
Is the waiver easy to see, direct and written in large enough print that there is no doubt of the meaning and intention of the waiver?
If a company cannot answer a solid and positive Yes to these questions, then it is possibly that waivers would not trump a finding of negligence.
If a court determines that rights were waived unknowingly by a client, then there is a good chance that in many states, even a clearly worded waiver would be rejected.
Waivers may trump a finding of negligence if a business is sued. However, they need to be carefully worded and vetted in order to be valid. If not, you may find yourself in just as much legal trouble as if you had not asked for a waiver in the first place.
Consider a canoeing company. A family rents a canoe for a trip downriver. The canoeing company has them sign a standard waiver exempting the company from any liability for any event and the family takes off down river.
During the trip, the seat on the canoe snaps, sending the father crashing to the canoe floor, then flinging him against the side of the canoe, knocking him unconscious, giving him a concussion, and requiring a hospital visit for stitches.
The family sues the canoeing company despite the liability waiver they signed. Is the canoeing company free and clear with no worries about losing the suit? No. The family could possibly win, despite the signed waiver.
If you want the waiver to trump a finding of negligence, then the waiver needs to be air tight, reviewed by a competent attorney, and in compliance with the laws of the state.
Without the proper wording, the waiver is worthless.
Keep in mind that the courts have a bias against the waiver in the first place. Because the liability waiver attempts to lift an accepted common law burden of reasonable care from the business owner and shift it to the customer, the court does not favor the agreements as a matter of course.
The waivers attempt to make the customer completely and solely responsible for his injuries, even if they were caused or exacerbated by the negligence of the business.
In fact, there are several states that completely ignore liability waivers, finding that they are void simply because they attempt to override the understood agreement between business and customer.
In order to decide whether or not a waiver should be accepted, a court will examine it carefully and consider questions like these:
Is the waiver stated in clear language that is understandable to the client?
Does it say without any confusion and in very direct language that a client is agreeing to dismiss any possibility of liability from the person or entity?
Was there enough explanation about any risks given to the client so that they know exactly what it meant to sign the waiver and to accept the risk and liabilities?
Is the waiver easy to see, direct and written in large enough print that there is no doubt of the meaning and intention of the waiver?
If a company cannot answer a solid and positive Yes to these questions, then it is possibly that waivers would not trump a finding of negligence.
If a court determines that rights were waived unknowingly by a client, then there is a good chance that in many states, even a clearly worded waiver would be rejected.
Find Personal Injury Lawyer in London, not by randomly selecting someone you find in an ad. Whether it's a motor vehicle accident, Disability Claims, Wrongful Death Claims our Law Firm can help you.n
n Your Article Search Directory : Find in Articles
Recent articles in this category:
- How to Hire a Personal Injury Attorney Toronto
There is no question that suffering from a personal injury is an incredibly difficult thing to have - Finding the Best Personal Injury Lawyer
Should you be the victim of an accident that just simply was not your fault and you have received an - DUI Perpetrators Must Seek Expert Help
It is obvious, as we progress further into the future, that behavior that puts others at risk is not - To Find the Best New York Attorney Buffalo is Still the Best Choice
If you need an attorney in New York, you would surely have a lot of options. New York has 10 cities - If You Need a Great Wisconsin Attorney Madison is the Way to Go
Are you in need of a great Wisconsin attorney? If you are from Wisconsin and need a great attorney M - What Is The Importance Of An LLP Agreement
An LLP agreement is an important contract, since without such a document the Limited Liability Partn - Personal Injury Lawyers - Knowing If You Are Entitled For a Claim
No doubts accidents do take place; however that does not mean that you should take up the liabilitie - Personal Injury Lawyers - Claiming Compensation For Your Injuries Some Tips
When you are injured, the next thing is you should know what legal rights you have; this will provid - Personal Injury Lawyers Help Victims of Car Accident Claim Financial Damages
People living in Toronto go to work through different modes of transports like trains, buses and car - Personal Injury Lawyers - Get Help at Your Doorstep When Injured
As soon as you are involved in an accident, it is usually quite common for you to be injured maybe i
Most viewed articles in this category:
- Mesothelioma Lawyer - Asbestos Attorney - Mesothelioma Lawsuits & Lung Cancer Information
Mesothelioma is one of the most tragic diseases ever to strike the working man. Due to decades of m - Michigan Personal Injury Lawyer Courts
The Michigan Courts were created by the Constitution of 1963, Article VI, and Section 1, under which - What is Entrapment?
Question: What is entrapment?Criminal Defense Lawyer: Entrapment is a defense raised by a defendan - Top 10 Tips On How To Win Your Road Traffic Accident Case
If you happen to be pursuing this thing right now then here are the top ten tips on how to win your - Agency Law
Agency Law The origins of the doctrine of necessitous intervention by someone who is in a legal rel - Procedure Of DWI In U.S.A.
ALR (Administrative License Revocation) A Program to suspend the driving license Of Drivers Which a - Mesothelioma Lawsuits Surging in United States
Mesothelioma is a cancerous disease where malignant cells develop in the lining of the chest or the - Forensic DNA Testing
Forensics is defined as the study of evidence found at a crime scene and used in a court of law. For - Arizona Drunk Driving Law, Az Drunk Driving Law & Arizona Drunk Driving Charges
Arizona drunk driving is one of the most common and deadly mistakes in Arizona while driving. Defens - Worried About the Fair Debt Collection Practices Act?
Do you work for a financial institution that collects debts? If so, do you know whether the Fair De