Legal Question in Civil Litigation in California

Liability Waivers

A "waiver of liability" is generally does NOT absolve someone of negligence or other culpable conduct. The main exception to this "general rule" arises when someone embarks upon conduct or activity that includes an inherent and fairly obvious risk of harm and the harm then occurs. This is called "assumption of risk." For example, someone playing sports cannot sue for an injury of a type and nature, the risk of which is inherent in the activity. This would NOT tend to apply in your situation. However, in order to recover, you must be able to show that the defendant was "at fault" (i.e. did something wrong or failed to do something that should have been done). The mere fact that your property was damaged, in and of itself, does not necessarily entitle you to recover.THIS INFORMATION IS BASED ON GENERAL PRINCIPLES OF LAW AND IS PROVIDED AS A COURTESY ONLY. THIS IS NOT INTENDED TO, AND DOES NOT CREATE AN ATTORNEY-CLIENT OR OTHER ONGOING RELATIONSHIP. YOU SHOULD SEEK THE ADVICE OF AN EXPERIENCED ATTORNEY AS SOON AS YOU HAVE ANY LEGAL QUESTION. DELAY, FAILURE TO ACT, OR IMPROPER ACTS CAN RESULT IN A COMPLETE LOSS OF LEGAL RIGHTS.