Liability waiver

In the United States

In the United States, the enforceability of such a waiver depends on state law, a jury, and the language of the waiver. A signed liability waiver is not a blanket exemption from liability for operators of a dangerous activity. Under the law of tort, prior to injury, the specific risk must have been known to and appreciated by the plaintiff in order for primary assumption of risk to apply. Courts may refuse to enforce a general liability waiver if it fails to inform the signer of the specific risk that caused the injury.

Liability waivers include pre-accident releases and model releases (for pictures). Reckless or intentional actions can never be disclaimed and liability resulting from a faulty product cannot be waived in the state of California.

References

References

1. Low, Michael J.. (2005). "It's the end of the world as we know it ... and I feel fine: The new rules for drafting liability waivers in Arizona". Federation of Regulatory Counsel, Inc.
2. Cotton, Doyice J.. (May 2008). "Evaluating Your Liability Waiver".
3. (2002). "Assumption of Risk: An Age-Old Defense Still Viable in Sports and Recreation Cases". Fordham Intellectual Property, Media and Entertainment Law Journal.
4. "Liability Waivers – Busting Some Common Myths".