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 retired military, fraternal, social group which only manages monthly dinner dances in rented ballrooms and /or luncheon meetings and/or day trips? Is the statement enough or must it be signed by each participant? Could the group officers and/or members still be liable even if they didn't do anything which contributed to the claimed injury? Would a signature on a statement during yearly membership renewal satisfy this requirement?
1 Answer from Attorneys
It is entirely ineffective in all the permutations you ask about. Liability that has not already accrued cannot be waived, except to the extent it is deemed an assumption of risk before engaging in a hazardous activity, such as white water rafting, scuba diving, horseback riding, sky diving, etc. As for officers and members being held liable without contributing to the injury, that is dependent on the details and circumstances of the injury. For example if an organization hires an employee who then injures someone, the organization will generally be liable as well. Whether that extends to the officers personally, it depend in part on the structure and funding of the organization and in part on whether the officers were negligent in hiring or retaining an employee, e.g., hiring a known alcoholic with a history of DUI to drive the organization's van, and he crashes it. Members almost never could be held liable, but only "almost" never. I could conjure up a situation where they could be held liable if I really put my mind to it, but it is highly unlikely in real life. Bottom line: insurance is WAY more effective than trying to make a waiver stick, when it comes to avoiding liability losses.