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. *************************************************************************** PaddleWise Paddling Mailing List - Any opinions or suggestions expressed here are solely those of the writer(s). You must assume the entire responsibility for reliance upon them. All postings copyright the author. Submissions: PaddleWise_at_PaddleWise.net Subscriptions: PaddleWise-request_at_PaddleWise.net Website: http://www.paddlewise.net/ ***************************************************************************
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