Legal Question in Insurance Law in California

My small dog was attacked by a very large neighbor dog who came into my backyard thru a part of our mutual fence that had fallen during a storm the previous evening. Their insurance claims adjuster has sent me paperwork to sign which covers all the costs, but I am concerned with the waiver of CA civil code 1542. To me this says that I can never seek damages if it happens again, or for anything else, ever. ( My neighbors are nice people but I want this settlement to reflect and close this incident only, and not preclude anything else in the future, so I plan on editing their agreement statement before I sign it.

How does CA civil code 1542 affect me?

If, for example, one of their kids hit a baseball through my window, would I be unable to make a claim?)

If I rewrite the agreement will it still be binding?


Asked on 2/01/11, 8:56 am

1 Answer from Attorneys

The 1542 waiver should only be effective as to things that have happened prior to signing it. There are a few exceptions but I don't see how they would apply to your scenario. If you are uncomfortable with the waiver, you should have the specific language in question reviewed by an attorney who can explain it to you and if necessary make recommendations for revisions.

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Answered on 2/01/11, 1:06 pm


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