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re: OT lawyers: waiving negligence via a "hold harmless" document
Posted on 8/5/17 at 9:23 am to Antonio Moss
Posted on 8/5/17 at 9:23 am to Antonio Moss
quote:
According the case I just looked at, that waiver is enforceable so long as it clearly spells out that you are waiving claims for personal injury resulting from the employee's negligence.
That's pretty scary. The flag of Disney World flies high over the Florida legislature.
0
Posted on 8/5/17 at 9:25 am to Y.A. Tittle
quote:
Which is a big reason such forms are really stupid and short-sighted from a legal standpoint.
We don't know how many folks don't even pursue a claim due to them knowing they've signed a "valid" waiver. I'd be curious to see if the waiver would be admissible if there was never any argument over and it wasn't litigated or otherwise produced. If it wouldn't be helpful for comparative fault purposes, I could see the defense seeking to limine it out for the potential inflammation of the jury you just described.
This post was edited on 8/5/17 at 9:35 am
Posted on 8/5/17 at 9:29 am to Antonio Moss
I had a case where this came up a few years ago.
In Louisiana, recreational horse farms where you go ride horses on a trail and whatnot have carved out a legitimate waiver from personal injury claims. All they really have to do is post signs and have you sign a specific waiver and they are legitimately exempted. Had a lady get thrown and hurt herself pretty bad and there was nothing we could do for her.
LINK
In Louisiana, recreational horse farms where you go ride horses on a trail and whatnot have carved out a legitimate waiver from personal injury claims. All they really have to do is post signs and have you sign a specific waiver and they are legitimately exempted. Had a lady get thrown and hurt herself pretty bad and there was nothing we could do for her.
LINK
This post was edited on 8/5/17 at 9:30 am
Posted on 8/5/17 at 10:09 am to ClientNumber9
The general rule is you can't waive negligence
Posted on 8/5/17 at 10:12 am to boosiebadazz
Yep. Those waivers have serve as great deterrence. Just like when a doctor botches a procedure and keeps(or his other colleagues) plugging along a patient for just about a year in hopes of recovery.
Posted on 8/5/17 at 10:22 am to Hangit
quote:
I believe you bought your tickets through them, paid your travel fees and for lodging, then got hoodwinked. This caused you great emotional stress by forcing you to change the deal you had made, mid stream
This is my question. If you sign up and pay I'm sure you agree to some sort of agreement, but if they throw that on you at the last minute I would think you have a case. You gave them money and agreed to a set of circumstances. After that when the "service" is about to he performed they change the nature of the agreement.
I'm not a lawyer, but that seems shady and would give you a case that the contract would be voidable to the customer becasue of a change in the condition of the contract.
This post was edited on 8/5/17 at 11:09 am
Posted on 8/5/17 at 10:44 am to Mingo Was His NameO
quote:
that seems shady and would give you a case that the contract would be voidable to the customer die to a change in the condition of the contract.
Wut??
Posted on 8/5/17 at 10:49 am to boosiebadazz
That's nuts. I just don't see how that could be legally binding.
Posted on 8/5/17 at 11:10 am to p0845330
quote:
Wut??
don't know. Was on mobile and my phone decided to change words.
Posted on 8/5/17 at 11:19 am to boosiebadazz
quote:
Had a lady get thrown and hurt herself pretty bad and there was nothing we could do for her.
wtf, well good. Who should be sued because a horse threw someone off? I'd never get on a horse until I watched it for awhile and made sure it was a decent horse to ride. Beyond that, how can anyone actually control a horse to the point of no negligence?
OP, all we do in this country is complain about liability costs and tort law. People suing over BS because they were stupid. Then we go on here and complain about waiving negligence. You can't have it both ways.
Here's a crazy idea, take personal responsibility.
ETA: Its one thing to not hold an employee negligent, I would bet no form no matter the state would hold up in a jury situation if an employee was truly negligent for something fairly obvious and dangerous. But I have no issues at all reducing negligence on things like rides, animals, and other situations where the customer has freedoms to play it safe or act a fool and hurt themselves.
This post was edited on 8/5/17 at 11:26 am
Posted on 8/5/17 at 11:28 am to baldona
LINK
quote:
Louisiana Civil Code Article 2004 -Titled Clause that excludes or limits liability:
Any clause is null that, in advance, excludes or limits the liability of one party for intentional or gross fault that causes damage to the other party.
Any clause is null that, in advance, excludes or limits the liability of one party for causing physical injury to the other party.
Posted on 8/5/17 at 11:45 am to baldona
There was some evidence this particular horse was particularly aggressive and it wasn't disclosed to the riders. The guide also knew of the propensity of the horse to act wild when it was left behind and yet he went up ahead anyway.
There was arguably some legitimate negligence on the employee/employer, but that law I linked is pretty ironclad. I don't even think we contested the motion
There was arguably some legitimate negligence on the employee/employer, but that law I linked is pretty ironclad. I don't even think we contested the motion
Posted on 8/5/17 at 12:22 pm to ClientNumber9
quote:When someone gets on a horse, they should know there are inherent risks.
That's nuts. I just don't see how that could be legally bindin
Posted on 8/5/17 at 12:34 pm to ClientNumber9
quote:
sea life park/dolphin petting experience.
Wild animals = strict liability.
Posted on 8/5/17 at 12:36 pm to boosiebadazz
quote:
In Louisiana, recreational horse farms where you go ride horses on a trail and whatnot have carved out a legitimate waiver from personal injury claims.
Equine activities are covered by statute in AL.
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