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Does anyone have a brief consent form (1 page) - suitable for a youngster’s parents; birthday sightseeing ride, which you’d want to share?
Does anyone have a brief consent form (1 page) - suitable for a youngster’s parents; birthday sightseeing ride, which you’d want to share?
Dave, I downloaded this Liability Waiver Agreement from the EAA website.
This is an overly broad statement.Unless you insurance requires it as a condition of coverage coverage, they are absolutely worthless in absolving any liability.
Overly broad statements on this subject are standard.This is an overly broad statement.
Bill, I think it depends on whether the negligence is "ordinary negligence" or "gross negligence" (at least in California).One thing I have been told is that you can't waive negligence of the owner or pilots part.
In California, a waiver may be enforced if the injury/death results from ordinary negligence, but not if it's the result of gross negligence.California law defines “negligence” (ordinary negligence) as the failure to use reasonable care to prevent harm to oneself or to others.
Gross negligence, on the other hand, is generally defined as:
- The lack of any care, or
- An extreme departure from what a reasonably careful person would do in the same situation to prevent harm to oneself or to others.
Apparently.Overly broad statements on this subject are standard.
I can certainly envision a school system either choosing against or being precluded from obtaining liability waivers in conjunction with consent to school projects.Doug, did you have a similar experience and go to court? Are you a lawyer in this field?
Now there's a completely accurate broad statement. Not only do the black and white rules vary, but the cultural undercurrent of being more "friendly" or "unfriendly" toward waivers does too. It seems every time I look at this question I learn about some new variation.Regarding the value of liability waivers, this article, "California law on the enforcement of 'liability waivers'", may be helpful. The laws vary from state to state.
https://www.shouselaw.com/personal-injury/liability-waivers
Quoted for emphasis.The problem is taking something so narrow and thinking it states a more general principle. That often happens in discussions on this subject. "Someone had a poorly written waiver which wasn't enforced. Therefore none of them are."