QUESTION

Before I see an attorney about starting a business, should I write up waivers I think I will need?

Asked on Feb 28th, 2013 on Business Law - Ohio
More details to this question:
I intend to start a business of pontoon boat charters. I want to protect myself and my potential clients with the proper bonding, liability insurance and LLC or incorporation. To save the valuable time the attorney I seek advice from, I think I should have the waiver composed before going in to see one, but if it has to be done a certain way, I don't want to spend time on it. In the event of a personal injury, how well do liability waivers hold up in court, anyway?
Report Abuse

1 ANSWER

If you are going to an attorney that knows what they are doing, don't worry about having a waiver in your hand when you first get there.  Among all of the things that you will need to do to start a business that is fairly simple for the right kind of attorney.  With that in mind, you don't necessarily need the most expensive attorney in town to help you, but you also should hire the attorney based on price, particularly hourly rates, alone.  Someone who knows what they are doing and charges $300/hour and is able to do what you want in 1/2 an hour is less expensive than the "cheaper" attorney who only charges $100/hour but will take 2 hours. The other issues you mention are also important, having yourself properly insured and either forming an LLC or a corporation will shield personal assets from claims, unless you personally were the one to cause the injury.  So, if you are negligently operating the boat and a person is injured, a claim will likely be filed against the company and you as the boat "driver," since you had control.  Which is why you need the proper insurance coverage.  My suggestion on insurance is to go to someone who handles business insurance for a living, not someone who handled home and auto insurance and, oh by the way, does business insurance, too.  The former will have a better understanding of exactly which coverage you need.  Again on pricing, the higher priced insurance companies often give you less headaches when it comes to handling claims.  I am not saying that you should hire the most expensive attorney or buy the most expensive insurance, just because they are the most expensive.  What I am saying is that you usually get what you pay for.  You have seen the commercials on television about what "Mayhem" can do if you buy the lower priced insurance. Liability waivers can be very strong, especially for claims for identified hazards, such as slipping on a wet dock, especially if the "wet dock" is something that is reasonably foreseeable hazard.  Alternately, a waiver of liability for injuries sustained by the negligent operation of the pontoon boat, when you slam it into that same dock and people fall down is weaker.
Answered on Mar 01st, 2013 at 3:52 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters