Editor’s Note: We already know that risks abound in sport and recreational activities. There are, however, many defenses available that can serve as protection from liability. A major defense that is sometimes available for providers is immunity.
Readers will find that this to be an informative legal liability article. “Reb” Gregg is one of the nation’s top adventure law attorneys. This article originally appeared on Reb’s website.
Julie I. Fershtman, Attorney at Law gives accurate answers to some important questions about waivers.
Dear Readers:
A few years ago, a major equine magazine interviewed me on the topic of releases of liability (sometimes called “waivers”) that are used in equine-related activities.
This article was written by Julie I. Fershtman, Attorney at Law (www.equinelaw.net). She offers expert comment on a timely question regarding liability waivers.
Dear Ms. Fershtman:
My friend gave me some form liability releases and boarding contracts.
One of the most common reasons that a waiver fails when challenged in court is that it violates the public policy of the state. Often readers are puzzled by the term “public policy” and ask, “Just what is public policy?” This concept is quite broad and is not easily defined or explained.
What is a waiver and how is it used? Do they work? Why do they fail? How do I write an effective waiver? Get the Answers! Liability waivers, contrary to misconceptions of providers in the past, can be effective in protecting providers from liability for injuries resulting from the negligence of the provider. Waivers are inexpensive to obtain, easy to administer and store, and can help protect providers from the consequences of their own mistakes.
Need to know more? Need to know it fast? Sport Risk Consulting has many years experience with these topics, and is available to help…
Waiver Consulting:
We help parties develop or acquire waivers to protect them against liability for injuries caused by their own negligence.