Quote:
Originally Posted by tuccillo
That may not be entirely true. As I understand the law, you cannot sign away your right to sue for gross negligence. For example, if management failed to address a safety issue that was brought to their attention then that could be interpreted as gross negligence. Perhaps a attorney can jump in and set us right.
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First of all the waivers and hold harmless agreements have been used in The Villages for a long time. So this demand is not new.
Secondly this type of agreement is used nationwide and has been for years and years.
Third while an agency/organization, etc may ask you to sign such an agreement it has been successfully argued that such an entity can not contract its liability away. In some states its the law. For one it circumvents due process and it also creates a moral hazard ie. would result in sloppy maintenance of premises, etc
Knowing all of this doesn't help because if you want to participate you are forced to sign the agreement which in itself may be another arguing point. I now issue my disclaimer as I am not an attorney nor do I desire to try and practice law. For a unqualified opinion call a lawyer
so why does TV bother? Psychology and yes to argue to a court that the injured (plaintiff) understood the risks and agreed to assume them
So depending on the state, the laws, the customs, the judge, the facts of the case, the extent of injuries you could have a myraid of decisions renered by a court