| Many businesses and organizations that provide | | | | reasonable care from the business owner and shift it |
| activities for clients have participants sign liability | | | | to the customer, the court does not favor the |
| waivers that are meant to release the business from | | | | agreements as a matter of course. |
| responsibility if a client or participant is injured. Waivers | | | | The waivers attempt to make the customer |
| may trump a finding of negligence if a business is sued. | | | | completely and solely responsible for his injuries, even if |
| However, they need to be carefully worded and | | | | they were caused or exacerbated by the negligence |
| vetted in order to be valid. If not, you may find yourself | | | | of the business. |
| in just as much legal trouble as if you had not asked | | | | In fact, there are several states that completely ignore |
| for a waiver in the first place. | | | | liability waivers, finding that they are void simply |
| Consider a canoeing company. A family rents a canoe | | | | because they attempt to override the understood |
| for a trip downriver. The canoeing company has them | | | | agreement between business and customer. |
| sign a standard waiver exempting the company from | | | | In order to decide whether or not a waiver should be |
| any liability for any event and the family takes off | | | | accepted, a court will examine it carefully and consider |
| down river. | | | | questions like these: |
| During the trip, the seat on the canoe snaps, sending | | | | Is the waiver stated in clear language that is |
| the father crashing to the canoe floor, then flinging him | | | | understandable to the client? |
| against the side of the canoe, knocking him | | | | Does it say without any confusion and in very direct |
| unconscious, giving him a concussion, and requiring a | | | | language that a client is agreeing to dismiss any |
| hospital visit for stitches. | | | | possibility of liability from the person or entity? Was |
| The family sues the canoeing company despite the | | | | there enough explanation about any risks given to the |
| liability waiver they signed. Is the canoeing company | | | | client so that they know exactly what it meant to sign |
| free and clear with no worries about losing the suit? | | | | the waiver and to accept the risk and liabilities? |
| No. The family could possibly win, despite the signed | | | | Is the waiver easy to see, direct and written in large |
| waiver. | | | | enough print that there is no doubt of the meaning and |
| If you want the waiver to trump a finding of negligence, | | | | intention of the waiver? |
| then the waiver needs to be air tight, reviewed by a | | | | If a company cannot answer a solid and positive Yes |
| competent attorney, and in compliance with the laws | | | | to these questions, then it is possibly that waivers |
| of the state. | | | | would not trump a finding of negligence. |
| Without the proper wording, the waiver is worthless. | | | | If a court determines that rights were waived |
| Keep in mind that the courts have a bias against the | | | | unknowingly by a client, then there is a good chance |
| waiver in the first place. Because the liability waiver | | | | that in many states, even a clearly worded waiver |
| attempts to lift an accepted common law burden of | | | | would be rejected. |