Tag Archives: maritime

Unforced Errors: The Scope of the Waiver MUST be Clear!!!

Doyice J. Cotten

FACT: A well-written waiver willingly signed by an adult participant can protect the service provider from liability for the provider’s negligence in most states.

FACT: Many waivers fail because of what might be termed “unforced errors” on the part of the writer in making clear the scope of the waiver.

In this post, I am reporting several recent cases in which the waiver failed to protect the provider from negligence. The reader should be able to understand why the failure was preventable.