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?


Asked on 9/21/04, 1:26 am

3 Answers from Attorneys

Benjamin Berger Berger-Harrison, A Professional Corporation

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.

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Answered on 9/27/04, 9:17 pm
Mitchell Roth MW Roth, Professional Law Corporation

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.

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Answered on 9/27/04, 9:25 pm
Joel Selik www.SelikLaw.com

Re: Negligence Disclaimers

no.

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Answered on 9/28/04, 12:15 pm


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