Legal Question in Personal Injury in California
Negligence Disclaimers
Is it permissible to disclaim, in the agreement form for a children's activity club, responsibility for injury or death caused by an official's negligence?
3 Answers from Attorneys
Re: Negligence Disclaimers
Such a provision would likely be held to be unenforceable because it is against public policy that such significant rights could be so easily waived, especially considering one person is purporting to waive the rights (and assume the risks) of another person. No parent should have the ability to waive those rights for his/her child.
Re: Negligence Disclaimers
One cannot avoid legal responsibility for bodily injury due to negligence. To the extent a disclaimer would attempt to do so it would be invalid.
Re: Negligence Disclaimers
no.
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