Legal Question in Civil Litigation in California
Enforcement of a forged Waiver and Release of Liability
Parent's or guardian's signature on waiver and release of liability is requested of individuals who are the age of minority. There is no way to verify whether signatures are authentic and/or whether the 'adult' is the individual's parent or guardian. An accident occurs and the real parent says ''this is not my signature''; therefore, I did not waive my rights. Will a ''forged'' signature be enforceable?
2 Answers from Attorneys
Re: Enforcement of a forged Waiver and Release of Liability
Generally, no one will be allowed under the law to benefit as a result of either a violation of law or a false representation. Given that premise, the general answer is that the forged signature will probably not be able to be used in the benefit of whomever obtained the signature or forged the signature.
Re: Enforcement of a forged Waiver and Release of Liability
If the document can be proven to be a forgery, then it can be challenged. As always, the issue is proof. See an attorney locally for assistance.
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