The owner of a facility where the facility users engage in some type of risky activity might rely on a waiver or disclaimer, in order to limit chances for being hit with a liability claim. Personal injury lawyers in St. Albert realize that such documents do not guarantee absolute protection from all efforts that might be aimed at making the facility owner liable for a specific injury.
How might a waiver or disclaimer get presented to those affected by that same document?
It might be part of a contract, such as a contractual document signed by those that intend to use a gym or other exercise facility. It could be a waiver that needs to be signed by any one-time user of a recreational facility. Alternately, a posted disclaimer could warn users about the risks that are associated with whatever activity those same users hope to enjoy.
A landlord might put a clause in the lease, in order to escape liability for delayed corrections to an identified problem on the leased premises.
What aspects of a waiver or disclaimer’s protection could be considered in court, if a plaintiff had brought a personal injury case?
What had been the negotiating power of the person that required the signed lease?
The legal system does not support someone that has used his or her powerful position to achieve completion of an act that ended with a waiver’s signing.
Did the posted disclaimer or the signed document violate any form of public policy? As some governors have removed the requirement for the wearing of masks, the same governors have given businesses the right to ask that customers wear a mask in their store/facility.
Had a posted disclaimer been placed in a spot where it could easily be seen? Was the print on that same, posted document large and clearly visible? A property owner cannot escape blame for injuries, if a disclaimer’s position kept that document hidden from the view of those that the property owner should have made aware of the document’s existence.
Does the waiver release the property owner from liability for all injuries, or only those that are foreseeable? If an accident had occurred before at the same facility, it would seem more likely to happen. Consequently, a waiver might only cover such an accident, and not one that had been totally unexpected.
How should an injured plaintiff deal with the chances that a given case might qualify for special consideration by the court?
Smart plaintiffs hire a personal injury lawyer. Such lawyers understand how to fight a defense that was based on utilization of a waiver or disclaimer. Those members of the legal profession can throw doubt on protections offered by such a document.