Legal Question in Personal Injury in California
My son is participating in swimming at high school and they are using the city's pool. So far this year he has sustained permanent scares on his chest from walking into a steel cable which was left unmarked and he did not see, and he was struck in the head by a steel turnbuckle when the kids were directed to remove the lane lines. My problem is now the city wants all the kids and parents to sign a waiver and for the parents to indemnify the city from all injuries, even if the injury is the result of the city's negligence. If I do not sign the waiver my son will be expelled from the aquatic program. Are these waivers enforceable even if the city is negligent and any advice on how to get out of this. The city makes the kids do their staff's work of removing the solar covers and preparing the pool for use every day. The city's equipment is in disrepair and it is just a matter of time until an injury occurs.
2 Answers from Attorneys
If he already has permanent injuries, or you think the pool facility is unsafe, don't sign. If you want to pursue a claim, don't wait, see a lawyer immediately, you may have as little as six months from the date of injury to present a legal claim.
As a former city attorney, my experience is that the courts treat such waivers as being worth slightly more than the paper they are written on. They have a psychological effect of discouraging injured people from filing claims, but do not allow the owner of the property to escape legal liability. If the defect is obvious, a jury might feel that the injured person has assumed part of the risk, but that is not the law [as opposed to being comparatively negligent]. You do have the problem that is athletic activities you can not sue for injuries that are part of the normal activities of the event [your son goes to the end of the diving board and because it is a little wet slips and falls]. The equipment being ins disrepair could be negligence.
So he probably could sign the waiver and not give up any rights; he might see if they will let him add "without waiver of any of my legal rights". If only your son has to sign and not you, the contract can not be enforced against him as he is a minor. You should complain to the public entity about the defects.
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