LOST WAIVERS: What Happens If You Can’t Produce a Signed Waiver?
By Doyice Cotten
A recreation or sport provider is only half way home when they require that a client sign a liability waiver. The other half is being able to produce that waiver a year or two later when the lawsuit comes to trial.
Lost or missing waivers can be costly to the service provider. In a New York case (Schaeffer v.
By Doyice Cotten
Again and again I have written about the advisability of using the word “negligence” in your waiver. Actually, it is best to specify that the intent of the waiver is to relieve the provider of liability for the “negligence of the provider.”
Some waiver writers seem to be hesitant to use the actual word “negligence” – in fear, I suppose of, of scaring away patrons. In some states, of course, the word “negligence” is not required by the courts.
Thanks to Allison for permission to republish her informative article – © 2013 Eklund Law, PC.
As the dust settled from the Minnesota State Legislature’s spring session, a new statute passed affecting language in liability waivers caused some ripples through the equine insurance industry but didn’t attract headline news.
Most equine businesses offering riding instruction, carriage rides, or other services are familiar with liability waivers.
Alexander T. Pendleton, Kohner, Mann & Kailas, S.C.
An attempt by a group of Minnesota legislators to amend Minnesota law so as to void all waiver-of-liability agreements has failed. Instead, the legislature adopted a bill that provides that any agreement between parties for a “consumer service” (including a recreational activity), which agreement purports to waive or release liability resulting from conduct that constitutes “greater than ordinary negligence,” is against public policy, and is therefore void and unenforceable.
By Alexander “Sandie” Pendleton of KMK
This article was originally published on ReleaseLaw.com.
Bills are advancing in both chambers of the Minnesota legislature which if adopted, would render liability waivers void in many settings. Because both chambers of the Minnesota legislature and the executive branch are controlled by the Democratic Farm Labor Party, there is a good chance that some version of these bills will be enacted. If enacted,
By Doyice Cotten
There are literally hundreds of waiver cases in which the waiver protected the provider from liability for ordinary negligence by the provider. In the Salinger case below, the waiver specifically stated that Grace Farms was released from liability for negligence (meaning ordinary negligence) and would have protected the provider from such liability. However, the plaintiff alleged “greater than ordinary negligence,” which in Minnesota meant willful and wanton conduct. In most states, waivers do not protect against gross negligence,
By Doyice Cotten and Mary Cotten
We have previously addressed the question “Do online electronic waivers work?” (see Online Waiver Agreements: Not Worth the Paper They’re (Not) Written On?, Online Waivers/Electronic Signatures in NY, and Waivers: Do Electronic Signatures Work?). There have been at least three recent cases addressing the issue.
Two Florida cases addressed the issue. In Hinely v. Florida Motorcycle Training, Inc. (2011 Fla.
