We’ve all seen liability waivers. Chances are, you’ve been asked to sign one before your child goes on a school field trip to a museum or zoo. Corporate events such as whitewater rafting and other adventure excursions are good examples. So are 5K runs and distance walks to support charitable organizations.
Some folks will tell you that a liability waiver isn’t worth the paper upon which it’s printed. Other folks want waivers drawn up for every little activity. Which faction is correct?
The answer is that neither faction is entirely correct. Waivers are important and can effectively waive claims arising from negligence. But no waiver is going to insulate someone who acts with wanton disregard for the safety of others. The law characterizes such willful and wanton conduct as “gross negligence.”
The question becomes whether a liability waiver is appropriate for a particular activity. Other questions arise as to what type of wording or language should be used. Some states actually require waivers to contain specific language in order for the instrument to be effective.
Creating an effective waiver is not an easy task. Let’s talk about whether you need a waiver for your activity, business, or civic organization and what that waiver should contain.
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Blogger: William M. Swann, Esquire
Kay Casto & Chaney PLLC
A Meritas Firm
Phone: 304.345.8900, ext. 142
Fax: 304.345.8909
e-mail: Wswann@kaycasto.com
Office Location: 1500 Chase Tower 707 Virginia Street, East Charleston, WV 25301
Mailing Address: P.O. Box 2031 Charleston, WV 25327
Visit our website at: www.kaycasto.com.
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