Legal Question in Personal Injury in California
How protective is a liability waiver in the state of California which is included in the bylaws of a social
group which only manages monthly dinner dances in rented ballrooms and /or luncheon meetings and/or day trips? Is the statement enough or would it be enhanced if it is signed by each participant?
1 Answer from Attorneys
If it is not signed or otherwise clearly agreed to by the participants it is completely worthless as a waiver. Waivers must be knowing and willing. Furthermore, releases and waivers of liability are invalid if given before the liability arises, with a few exceptions for hazardous activities such as scuba diving and horseback riding, where they are interpreted as assumption of risk statements, but still not valid against risks not inherent in the activity.
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