QUESTION

Does a waiver that says that the signer waive all liability "from any and all liability arising from accident, injury," waive negligent, reckless and

Asked on Jun 26th, 2013 on Litigation - New Jersey
More details to this question:
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2 ANSWERS

Criminal Defense Attorney serving Toms River, NJ at Edward J. Dimon
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waivers and releases are usually broad in the exclusions of liability. i would have to read the entire agreement. however, it is very difficult to negate or 'get around' a waiver. ed dimon, esq.
Answered on Jun 26th, 2013 at 6:22 PM

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Elder Law Attorney serving Toms River, NJ
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It might waive any liability for negligence.  It would not waive any liability for acts that were illegal, or not in compliance with the law.  Broad based liability waivers are difficult to write, and difficult to overcome because the thought is that the waiver is necessary because you are engaging in some activity in which accident and/or injury may occur.  Whether a specific act of recklessness or negligence would be sufficient to overcome the waiver of liability is a fact based question that would have to be decided by the court.  after a judge hears the specific facts of the case.
Answered on Jun 26th, 2013 at 3:19 PM

Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship

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