Are Damage Waivers Enforceable?
 

We recently had a new kitchen sink and faucet installed. When the plumber arrived he asked that we sign a damage waiver. We did so but thought the request was unusual. There was no damage.

This week we ordered a new dishwasher from Best Buy, including installation and “haul away” of the old DW. As part of the appointment confirmation, the installation subcontractor emailed a damage waiver to be signed and returned.

My question, are damage waivers the norm today and are they legally binding? I would think the service contractor might refuse service unless you sign the damage waiver, which raises the question, signed under duress. I would also like to believe that if the work was not performed in a “workman like manner” that you would still have legal remedies in spite of the damage waiver.

I’m also wondering if the requirement to sign a damage waiver is simply intended to discourage the homeowner from suing the contractor for property damage. Does anyone have more insight or experience on this question?

BB installed our gas dryer and washer, at new house early 2024 no damage waiver.
BB installed microwave, fridge, dishwasher at second house end of 2023 no damage waiver. Both in TV.

BB & Lowes installed fridge, microwave, range, in MI June 2024 no waiver.

Some have posted they had damage after poorly installed dishwasher, maybe some can give you how it was handled

if i had to sign a waiver for work to be done in my house, i don't think i would go forward with the job. if they do damage they have insurance.

What is the document language definition of damage?. I would expect the vendor wants documentation you received and inspected the product in acceptable condition. The service aspect should be separate issue. My one experience with big box installation was beyond subpar and I sent the product and installer away

Never heard of a damage waiver, must be something new.

Same here. If they do damage then they should be responsible to make good. Signing a waiver just encourages them to be less careful. If they want your business then they should waive the waiver.

I am not a lawyer! But this guy is. However, the article applies to personal injury - not property damage.

I would think if some company installed a water heater or gas dryer improperly and it burned your house down, I doubt if the courts would absolve them from liability. There should be some lawyers on TOTV that can answer the question.

That being said, you should check on this before hiring the company.


Can You Sue After Signing a Liability Waiver in Florida?

On a related topic, Florida law says that, if you sue a physician for malpractice, you must go through arbitration, which is "non-binding" on the patient. But, some opthalmologists are requiring patients to sign an agreement before cataract surgery to make the arbitration decision "binding" on the patient. These agreements have been thrown out by several courts because they attempt to negate Florida law.

I'm surprised the ophthalmologists didn't see that coming

A damage or liability waiver is basically a type of Indemnity and Hold Harmless Agreement. Those agreements are used all the time in business and personal transactions. It's a method used to reduce risk or exposure to damages by one of the parties. We've all probably signed numerous examples of these throughout our lifetime. Kids in sports? Sign the waiver first. Hike in a National Park? Sign the waiver first. Want me to cut down this dangerous tree that could damage your neighbor's house? Sign the hold harmless agreement first.

I wouldn't for a second sign a contractor's waiver for a simple home maintenance job. Reason why; we had a new washer/dryer installed by Lowes contractors. Water line installed improperly caused $3K in damages.

I'm not sure what my insurance company would have done if I had signed the damage waiver. Contractually, my insurance company has the right to recover damages paid to me that were caused be a negligent person. The damage waiver prevents them from making a recovery. They may be able to deny your claim as a result.

HaHaHa, very good!

1st time I have ever heard about this. Good legal question for a lawyer.

Installer should have liability insurance and a waiver would be used by the installer to defend the case. Insurance company sits in the place of the installer and the defense lawyer who represents the installer would use the waiver as a legal defense against the claim. I was in the biz. Can get complicated and a lawyer would be needed.

DO NOT SIGN… let’s say that they did not properly hook up a waterline and the next day your house flooded. They can say that they are not Responsible.