if i were a business with this kind of exposure of risk, i would be having folks sign a waiver of liability. for example, there is that bungee jumping the allow in wv once a year, and they all have to attend a training session and sign a waiver… there will be a way to finally tell folks it is a risk and they take that risk…
To Wudchuck. I wish it was that easy to have someone just sign a waiver, and that would resolve the issue of litigation in high risk ventures. The problem is without more teeth (such as legislation) waivers are often overturned by courts when they are faced with a parapalegic or someone with a serious injury. Juries often have a tendency to side with an injured party, whether or not we think it is fair. Then there is always comparitive negligence in our state, where a party can be 1% at fault and still have liability. In my opinion (I know many attorneys would disagree) our tort system is out of control.
if i were a business with this kind of exposure of risk, i would be having folks sign a waiver of liability. for example, there is that bungee jumping the allow in wv once a year, and they all have to attend a training session and sign a waiver… there will be a way to finally tell folks it is a risk and they take that risk…
To Wudchuck. I wish it was that easy to have someone just sign a waiver, and that would resolve the issue of litigation in high risk ventures. The problem is without more teeth (such as legislation) waivers are often overturned by courts when they are faced with a parapalegic or someone with a serious injury. Juries often have a tendency to side with an injured party, whether or not we think it is fair. Then there is always comparitive negligence in our state, where a party can be 1% at fault and still have liability. In my opinion (I know many attorneys would disagree) our tort system is out of control.
“The Montana Trial Lawyers Association opposed the bill, as it also did with the proposed 2005 law.”
Wow! Now there’s a shocker!