Legal Question in Consumer Law in New York

Re: Disclaimers

Dear Reader:

In examining this response, please note that we are not entering into an attorney/client relationship, that this is to be taken as informative, and not as legal advice, that it is always best to speak to a lawyer in your area and/or in the area where the transaction and/or events occurred, and that my answer is necessarily limited by the fact that I have not seen the documentation or had an opportunity to go over the matters with you in detail.

Your link to the suit waiver clause was down, so I could not see the precise language. As a general rule, there are no general rules in the area of suit waivers. One can not usually disclaim his own negligence, nor can he usually prevent a suit from breach of contract. Short of that, each waiver lives or dies on how extreme it is in connection with the underlying events, how explicit and easy it is for the consumer to know about it, then by state, and then by whether there is insurance available.

Good luck in your endeavor.

As I mentioned before, this is something that you will want to take up with a lawyer of your own selection, either in your state or area or in a place where some of the pertinent events occurred.

Rod Kovel

Attorney at Law

516-312-9900