By Doyice Cotten

In Jones v. Staubli Motor Sports Division of Staubli American Corporation (2012 U.S. Dist. LEXIS 133650), Jones worked as a refueler for the pit crew at the Mid-Ohio Racetrack and Staubli provided the fueling system used in the race. Jones was injured when the pit crew chief, thinking the refueling complete, signaled the driver to rejoin the race. The car was not yet disconnected from the fuel probe; the hose broke and spilled fuel which ignited and severely burned Jones. The Staubli company provided a refueling system that was touted the system as being safe and to prevent fires.

Jones sued and Staubli claimed assumption of risk based on the liability waivers signed by Jones. Unfortunately for Staubli, the company was not named in any of the waivers he signed.  There was much more to this products liability case, but the point to waiver writers and users is that only parties identified in the waiver gain protection from the waiver