Track liability waivers not enforceable?
12-17-2017, 03:01 PM
#61
[QUOTE=BillNye;14670279]Waivers are generally regarded as a waste of time.[QUOTE]
Said no lawyer, judge or insurance company, ever.
This attitude is what got the defendants in hot water. If someone had made sure the waivers were properly signed and maintained, this case probably would have ended.
Said no lawyer, judge or insurance company, ever.
This attitude is what got the defendants in hot water. If someone had made sure the waivers were properly signed and maintained, this case probably would have ended.
12-17-2017, 03:09 PM
#62
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[QUOTE=cosm3os;14675106][QUOTE=BillNye;14670279]Waivers are generally regarded as a waste of time.
Said no lawyer, judge or insurance company, ever.
This attitude is what got the defendants in hot water. If someone had made sure the waivers were properly signed and maintained, this case probably would have ended.
Bingo! And I'm not even a lawyer!
Said no lawyer, judge or insurance company, ever.
This attitude is what got the defendants in hot water. If someone had made sure the waivers were properly signed and maintained, this case probably would have ended.
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12-17-2017, 04:11 PM
#63
However under New York law, the waivers wouldn't have made any difference. Under the analysis of heading B, the releases were found to be unenforceable under NY law. From pgs. 14-15 in the opinion "These disputes can be put aside, however, because plaintiffs have pointed to an independent source of state law that resolves the question of whether the Releases should apply in this case."
12-17-2017, 05:13 PM
#64
Anjin San
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Which is why releases need to be updated all the time to counteract the dumbass moves put up by the various Legislatures that make the releases illegal. Again I think that videoing the signing the releases will help establish that the signer signed the release. I expect that if some nefarious individules who make laws have there way they will need a finger print included in the release. A note from their Mom and signed in blood. What is needed is a straight forward release that even a stock car driver can understand and is not fcuked up by law makers.
12-17-2017, 08:35 PM
#65
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[QUOTE=ProCoach;14675122][QUOTE=cosm3os;14675106]Bingo +1,.sloppy procedures lead to chaos which allowed this left wing US District Judge to be afraid of making the correct decision and acqeice to " safe space " ruling to proceed with a jury trial in which has the opportunity to legislate from the bench