FL law on waivers, probably need a lawyer

來源: lexm5 2014-07-23 21:51:24 [] [舊帖] [給我悄悄話] 本文已被閱讀: 次 (1380 bytes)
It is complicated, depend on how clear the language is.

From : https://www.floridabar.org/divcom/jn/jnjournal01.nsf/Author/7747D50684A39B0885256AF50015DC32

Similarly, in O’Connell v. Walt Disney World Company, 413 So. 2d 444 (Fla. 5th DCA 1982),31 a nine-year-old child sustained injuries while horseback riding at Walt Disney World. Prior to participating in this activity, the child’s parents executed a document that released and held harmless Walt Disney World from liability.32 In addition, the form executed by the parents consented to the minor’s “assumption of the risks inherent in horseback riding.”33 During the course of the trail ride a Walt Disney World employee, on horseback, caused a stampede.34 As a result, the child was thrown from the horse and thereafter, his parents initiated a lawsuit to recover damages.35 The court denied summary judgment filed by Walt Disney World.36 In reaching its decision the court held that the release form did not specifically mention that Walt Disney World would be released for the negligence of its own employees.37 As a general rule, a release must clearly demonstrate that it releases one from his or her own negligence before it will be effective.38 In contrast, far too often the use of overly broad language in a release may also prove unsuccessful.

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