Quote:
Originally Posted by LBBLLB
I am the attorney that posted the original post. I understand that the chances of getting injured because of someone elses negligence is slight and because of this many residents will continue to sign these liability release agreements(waiver). Nevertheless, injuries do occur through other peoples negligence and residents who have signed a waiver will have a much tougher time getting compensation. Whether the waiver would stand up in court is debateable but the Villages liability insurance company who would be dealing with the claim would defend the claim on the basis of the signed waiver. At the very least it would impede your right to recover damages. The volunteers who run the various activites would be covered by the Villages liability insurance.
Getting injured in a village activity would only lead to compensation if that injury was caused by negligence.
In my view the simple answer is not to sign the Waiver . The right to participate in activities is because you have paid your amenity fee. Your right to recover compensation for negligence is allowed by the Florida statute which authorised the community development districts. It is unlikely that the villages administration would try to prevent villagers who refused to sign the waiver from participating in activities becuse this would lead to a very expensive law suit against them for interfering with your constitutional rights. Judging by the number of posts lots of residents like myself do not sign these waivers.
Perhaps the P.O.A. should take up this issue. It must cost something to manage all that paperwork
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Thanks for clearing this up. Will not sign anything at this time.