[Paddlewise] Connecticut Waivers

   It is not true that waivers or releases are worthless in Connecticut.  
Most judges will enforce them if they have the right language.  The key in 
Connecticut is to have language noting that the release applies to the 
negligence of the person receiving the release.  In other words, the person 
signing cannot sue for negligence.  Language that the release covers "any and 
all claims" is not sufficient.  Most judges will enforce that if it is clear 
enough.  Some will not.  Plaintiff's counsel can try various strategies to 
avoid the release, and may avoid summary judgment.  But I know of more than 
one potential case that was never placed in suit because, in part, of the 
existence of a signed release.  I am not saying it is foolproof, but your 
insurance defense atty. will be glad to see it, believe me.
   Also, do not expect a judge to buy the argument that a release should not 
be enforced because the releasor believe it was not enforceble.  Most judges 
will laugh.  A few might even give you a lecture.  A couple, who do not like 
releases, might buy the argument (no "meeting of minds", etc.).  Do not count 
on it. 
  Please note that the above is a general comment and is not intended and 
should not be interpreted as legal advice.  

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