Re: [Paddlewise] Fw: signing a disclaimer

A waiver, disclaimer or release can be effective against potential liability 
but, as we legal types like to say, it depends . . .

The release has to be tailored to the situation and the person signing must 
understand it and sign it freely.  The release should describe the risks 
that the person signing agrees to assume.  If someone is injured from a risk 
covered by the release, the release should be effective.  On the other hand, 
if the release is just a boiler plate document and the injury arises from a 
situation not covered in the release, the release won't protect anyone.  A 
release that just says "I agree not to sue . . ." is of questionable value, 
whereas one that describes the risks is more likely to be enforced.  So if 
you sign a release for a daytime NY Harbor paddle that warns of the risk 
from ferry boats, you won't have a claim if you get wiped out by the Staten 
Island Ferry.  But if the group leader keeps you out after dark and you get 
lost and drown, you might have a good case.  As I said, it depends . . .


>From: jfarrelly5_at_comcast.net
>Subject: Re: [Paddlewise] Fw: signing a disclaimer
>
>I hate it when I request hot coffee and am  served hot coffee.  How many
>attorneys would take these cases without pay?  Don't look at the "victims".
>Look at the catalyst.
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