The odd thing is that such a waiver may have been held to be against public policy depending upon the cause of the injuries. In many cases (with the notable exception of equine-related endeavors) waivers of liability are not worth the paper they’re printed on.
Agree w/David. There’s an assumption of risk here. The SC got this one right. It’s the gymn’s own negligence that got them into this mess. Fortunately, it’s defensible and shouldn’t require much discovery.
The waiver works in MI. A recent appellate holding found that a volunteer race track worker’s waiver was valid to prevent claims against a participant who injured the worker while entering the facility before the actual event.
“Not worth the paper they are written on”? That is a scary statement for a claim manager to be making. You need to do some research before making blatantly incorrect statements. This information is tracked by state and as long as certain minimum standards are met, waivers are a good defense tool for adults who knowingly participate in dangerous activities.
Here comes another E&O!
The odd thing is that such a waiver may have been held to be against public policy depending upon the cause of the injuries. In many cases (with the notable exception of equine-related endeavors) waivers of liability are not worth the paper they’re printed on.
Unless there was some direct culpability on part of the store owner, like “failing to maintain the apparatus”, or similar:
then the injured party should not have coverage, anyway.
Rather like the statutes relating to downhill skiing…..
Agree w/David. There’s an assumption of risk here. The SC got this one right. It’s the gymn’s own negligence that got them into this mess. Fortunately, it’s defensible and shouldn’t require much discovery.
The waiver works in MI. A recent appellate holding found that a volunteer race track worker’s waiver was valid to prevent claims against a participant who injured the worker while entering the facility before the actual event.
“Not worth the paper they are written on”? That is a scary statement for a claim manager to be making. You need to do some research before making blatantly incorrect statements. This information is tracked by state and as long as certain minimum standards are met, waivers are a good defense tool for adults who knowingly participate in dangerous activities.