We’ve all seen them: a waiver – the fine print – on the back of an event ticket or activity pass indicating that the operator refuses to accept liability for accidental outcomes.
From a legal viewpoint, a waiver is the intentional and voluntary giving up of something, or the intentional relinquishing of a right of claim against another party.
Example: spectators attending a hockey or baseball game, knowing the chance of being struck by a puck leaving the game surface or foul ball is a potential risk. At common law the principle holds that such spectators have voluntarily assumed a risk. The venue operator ensures that glass or screen provides some protection for the crowd, but attempts to “waive” responsibility due to the implied assumption of risk by those sitting in the stands.
Physical activities often involve the use of a waiver. Even though it may be too small to read, tow pass tickets at ski hills usually include a written waiver, and in more risky situations, participants may be required to sign a waiver before the fun begins.
But are they worth the effort?? Some say waivers are not worth the paper they’re printed on.
It’s not that simple.
Consider the case of two women injured in an August 2007 zipline amusement crash in Whistler, B.C. According to Wikipedia, a zipline “consists of a pulley suspended on a cable mounted on an incline”. You may not want to try it – but you get the idea that the thrill includes inherent risk. Signed waivers were required.
In a BC Supreme Court ruling last month, the women argued that the waivers were invalidated by the negligence of employees that caused the accident.
The zip line operator countered that the women had knowingly assumed risk, confirmed by their signature on the waiver document.
The Judge found that the release was valid and enforceable, and that even though the operator employees were negligent, the zip line operator did not owe damages to the injured women.
Waivers are so called because legal liability may be surrendered, particularly when signed. Think carefully before giving up your common law right to recovery.
Tags: common law, damages, fine print, legal, Liability, recovery, waivers
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PL
March 17, 2011 at 8:25 am
I remember as a child- riding the Bumper Cars.. I don’t
recall ever having to sign any waiver. Would I been
successful in this case , if i was injured . I do remember
signs posted – “Ride at Your Own Risk”
HC
March 17, 2011 at 8:40 am
People taking part in these dangerous activities need to realize the risk they are taking. I think sometimes these people just assume that they are being taken care of and there is no way they will get hurt. Of course, the operators of these activities have responsibility to keep everyone safe, but a dangerous activity is a dangerous activity and they need to remember that it was their decision to take part.
In my opinion, these waivers are very important and not a waste of paper. I think more of them should signed beforehand.
LR
March 17, 2011 at 9:17 am
People taking part in dangerous activities should know the risk they are taking. When they sign these waivers they are aware that any injuries happen they are responsible. Of course the operators of these acitivities have the responsibility to keep everyone safe. I think these waivers are important and not a waste of paper.