Should You Sign a Liability Waiver This Holiday Weekend? Alex Brown, from Silverman, Thompson, Slutkin & White, Explains
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Last summer a number of deadly accidents at amusement parks brought the liability waiver issue into focus. In some cases the rides malfunctioned. In other cases riders fell or were thrown from rides that seemed to be operating properly.
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What does that mean? If your child is hurt because of some risk that's part of the activity, the waiver will stop you from filing suit. If they're hurt because the park or an employee didn't do something it was supposed do, you may still be able to sue.
Liability waivers are used all over the US and for all sorts of recreational activities, such as white water rafting, canoeing, and bungee-jumping. However, a business or park can ask for a waiver for just about any type of ride or activity. Whether a waiver is "good" or valid depends on the laws of the state. In many states, waivers are legal and apply to negligence and inherent risks. In other states, waivers apply to only one or the other, or may not be good at all.
The bottom line is this is a legal gray area, and anyone injured in an amusement park, ski resort or anywhere should speak with an attorney and not automatically think the courthouse door is closed due to a waiver.
For more information or any insurance related questions, please contact Alex at [email protected].
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