Originally Posted by redwitch (Post 655822)

I'm not an attorney but was a legal secretary for 30 years. Like you, I was appalled when I read the Release. Haven't signed it in 5 years and have had no problems to date. However, something tells me that if I had signed and was injured through no fault of my own, Florida law would allow me to sue regardless of what I had signed. As you know, most releases are pretty worthless.

Originally Posted by Irish Rover (Post 656197)

I don't know if you can waive you right to sue. The gentleman who posted this valuable info should be thanked not chastised. Thanks for the info. This isn't the usual silly stuff that is commented on here.

Originally Posted by redwitch (Post 655822)

I'm not an attorney but was a legal secretary for 30 years. Like you, I was appalled when I read the Release. Haven't signed it in 5 years and have had no problems to date. However, something tells me that if I had signed and was injured through no fault of my own, Florida law would allow me to sue regardless of what I had signed. As you know, most releases are pretty worthless.

Originally Posted by redwitch (Post 656477)

I've been handed them at the rec centers and asked to sign them before going in for an activity. I just take the waiver, say I'll sign later and move on. From my understanding, you are "required" to sign one annually. You don't have to sign repeatedly -- the one waiver will be used for any and all activities on TV grounds. (Mind you, this is my understanding, not necessarily a fact.)

Originally Posted by LBBLLB (Post 655813)

Village residents participating in recreational activities are often given release agreements to sign. Most residents sign these without reading them. As an Attorney I am appalled at what residents are being asked to sign and the suggestion from the villages administration that you are required to sign. For example suppose you are attending one of the many exercise activities . You are told to sign "so you dont sue us if you are injured". What you are actually signing is much more comprehensive than you are being told. The release covers all of the village activities not just the exercise activity that you are participating in. If you are injured as a result of someones negligence you are waiving your right to recover medical expenses that you may incur and the right to sue fordamages. Suppose for example you are playing golf on one of the executive golf courses in the villages and a maintenance vehicle runs into you through no fault of your own. The release agreement that you signed at the exercise activity would prevent you from recovering damages arising from the golf course incident. Another example would be if you were injured at a recreation centre because an improperly installed light fixture or chandelier fell on you. You could incur large medical bills yet the release agreement you signed at the exercise activity would prevent you from recovering your costs.
Village residents pay an amenity fee to cover the cost of the activities that they participate in. The payment of this money gives residents the right to participate in recreational activities. The florida statute regulating community development districts (Florida statute #190-043) gives the right to persons to sue the development districts for damages caused by negligence . This is a constitutional right and the Florida statute does not appear to give the development districts the right to require a liability release fom residents in these districts. I would recommend residents not to sign these release agreements. I hae not signed and have not been prevented from participating in activities.

Originally Posted by buggyone (Post 656583)

Signing or not signing the liability waiver does not make a bit of difference. It is a de facto agreement.

My advice - enjoy the activities and do not worry about suing someone. Cross that bridge when something happens to you due to another party's neglience.

Remember that the Developer has a legal team that is the best money can buy - much better than any of us who post on this forum!

Originally Posted by LBBLLB (Post 656532)

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