Some adults get a thrill from taking-on a challenge, no matter how risky that action might be. Some entrepreneurs have chosen to take advantage of the alluring nature of such risky challenges. Those same entrepreneurs have created facilities in which customers can pay to display their readiness to confront danger. The law stipulates that the owner of such a facility must provide each customer with the chance to sign a waiver.
The waiver’s purpose
It warns the signee/customer of the dangerous nature of the activity in which he or she has agreed to participate. At the same time, it releases from legal liability the operator of that dangerous facility.
Participants in what sorts of activities need to sign such a waiver?
Personal injury lawyer in Collingwood know that those participating in an activity that calls for performance of zip lining, rock climbing, bungee jumping, paintball, white water rafting or sky diving.
Do those composing a waiver need to meet any specific requirements?
Yes, the court can place expectations on such a waiver. In other words, the courts have the ability to determine whether or not a signed waiver has the ability to free the operator of a risky facility from a liability charge, one that was filed by an injured customer.
For instance, a judge in a court could declare that a given waiver seemed to contain confusing language. Normally, judges do not acknowledge the legal standing of any waivers with confusing language. In other words, a waiver’s lack of clarity could cancel-out the message that was supposed to be linked to that same piece of paper (the waiver).
In addition, the court disproves of any effort focused on getting a customer to sign a waiver in a hurry. Evidence that someone at a given facility had exercised such an effort would suggest that a customer had been pressured to act quickly, after being shown an unsigned waiver. Such evidence would serve to cancel-out the waiver’s legal status.
The disappearance of that status would provide an injured customer with the right to sue the facility with the waiver that had failed to obtain the court’s approval. In other words, the operator could no longer hide behind the paper that was meant to remove the same operator from any measure of liability.
Consequently, all waivers have only a limited amount of legal standing. Their legal standing as protection against a lawsuit only remains in force when the court feels satisfied with the level of clarity in the waiver’s language. At the same time, that specific court must feel convinced that the customer’s signature had not been added to that particular document in response to a great deal of pressure, which had come from employees at the risky facility.