Just read through a “liability release” document for a Scout event this upcoming weekend - we’re going snow-tubing.
The release reads
Is this for real? Would this hold up in court? I mean, I know that snowsports carry some risk, accidents happen, skiers screw up, etc. and they shouldn’t be at risk for that. But could they really be provably negligent and still get off scot-free? If so, then what on earth is the incentive for them to not be negligent? “Hey, Let’s throw a few branches on the trail. And maybe a brick or two. It’s loads of fun watching people somersault down the bunny slope!”
Hell, we were there a few weeks ago and my daughter was nearly badly burned by the cocoa (her clothing was thick enough, and I got her stripped and sponged down fast enough, so she had 1st degree at worst) which was hot. As in “McDonalds-Lawsuit” hot… I wonder if that liability waiver would protect her from the food…
disclaimer: I have no desire to be injured, or sue anyone, especially due to my own klutziness. Hell, I’d have to sue myself first. Even with the cocoa incident, I merely showed the offending cocoa-dispenser to a manager and pointed out the risk of severe injury
As an alternative - before flat-out not signing, you can try crossing out any clause that you don’t agree with. Just make sure not to cross out a clause that’s to your benefit…
Generally, one-sided documents, where there is no real chance of negotiation, are justly ignored by the courts. This is true down to the “Not liable for stuff stolen from your car in our lot”. That’s one I’ve won on.
IANAL, and I’m sure some of our Esquire Dopers will be along soon, but I’m pretty sure that just because they say you can’t hold them liable in a release doesn’t mean it will hold up in court.
I think it comes down to reasonable care, etc etc. I would imagine they do bear some liability, but if a rabid polar bear charges out of the woods, well, sucks to be you. But if they give you a defective tube, know it’s defective, and just cross their fingers and hope nothing goes wrong…then, I would guess you would have a case if something goes wrong.
Again, IANAL, although I do have some common sense.
My husband and I participated in a Citizen’s Police Academy a few years ago, and they asked everyone to sign a similar waiver. Well, I learned the “read everything before doing anything” lesson in the 5th grade, and I am meticulous about reading any legal document (and making sure I both understand and agree to the terms) before signing anything.
Well this particular one not only asked that we (and our heirs and successors and so on and so forth) hold them harmless for accidental injury, but for intentional acts that caused harm, up to and including death! Seriously, it said that. So I brought it to one of the officers and said, “This document basically gives you the right to decide you don’t like the color of my hair, pull out your gun and shoot me in the head, with absolutely no repercussions (at least civilly). I’m terribly sorry, but as much as I trust that you probably won’t be doing that, I’d be a fool to give you a free hand to, by signing this document.” He stood there completely flabbergasted that no one had ever pointed that out or objected to it before, all the while wholeheartedly agreeing that it was a ridiculous demand.
He brought the matter up with the Chief of Police, who took it to the City’s Attorney General, who promptly had it redrawn with more acceptable terms, eliminating the “intentional” acts clause entirely.
I also never sign the “binding arbitration” agreements that every doctor I’ve been to in the last 5 years has tried to get me to sign. Every one of them has literally said that I agree to give up my Constitutional right to a trial. No. I absolutely refuse to waive any Constitutional right. That’s why they’re there, numbskulls! So far, I haven’t had a doctor refuse to treat me yet (though the orthopedic surgeon I’m seeing now, said if I had to have surgery, they wouldn’t do it unless I sign it, which I won’t, so if I need surgery, I’ll just have to find another doctor, I guess).
