Tag Archives: New Hampshire

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.

Interpreting a Waiver: Can you do it?

By Doyice Cotten

The Waiver

“I understand that there are inherent and other risks involved in the sport for which this equipment is to be used and that injuries are a common and ordinary occurrence of the sport, and I freely assume those risks.” The release also states that the signer “hereby release[s] the Inn and its owners, agents and employees from any and all liability for damage to [the signer] . . . resulting from negligence: installation,