QUESTION
Will a legal disclaimer decrease my personal injury liability? How?
Asked on Jun 01st, 2015 on Personal Injury - Wisconsin
More details to this question:
I am contemplating putting together a Halloween haunted house for children in my neighborhood. I have never organized a haunted house like this. If I draft a legal disclaimer and put it somewhere visible, is this enough to protect me from being liable for any sort of accident lawsuit?
12 ANSWERS
Personal Injury Attorney serving Pasadena, CA
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Law Offices of Pius Joseph
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You can have a disclaimer but you can still be liable if there is negligence. You can have individual releases signed by participants (adults and adults for minors) but in certain circumstances it can be challenged. Good idea to buy liability coverage for the event.
Answered on Jun 03rd, 2015 at 4:22 AM
Edwin K. Niles
A disclaimer would be of little help. That's why we have liability insurance. Check to see if your homeowner's policy covers you.
Answered on Jun 02nd, 2015 at 7:20 PM
James Eugene Hasser
Probably not, but you can give it a shot. Check with your insurance agent on a policy that might cover the event and ask him or her about waivers. Good luck.
Answered on Jun 02nd, 2015 at 2:57 PM
Ronald A. Steinberg
No, the parents have to sign or otherwise acknowledge that they agree.
Answered on Jun 02nd, 2015 at 1:42 PM
Personal Injury Attorney serving Salt Lake City, UT
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William Enoch Andrews Injury Lawyer
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Pay an attorney to draft your disclaimer. Do not draft any legal document (in your case a disclaimer) by yourself because you do not know what you are doing and will not adequately protect yourself.
Answered on Jun 02nd, 2015 at 1:03 PM
Thomas Edward Gates
Not likely. You need proof that they had knowledge of the hazards and accepted the risk. This normally handle by a written acknowledge, signed by the individual. Or else, carry a two million dollar policy.
Answered on Jun 02nd, 2015 at 1:03 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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No. You are still responsible for all the safety risks and dangers if they hurt someone. A person cannot agree to let you be careless ahead of time. This type of agreement is usually ignored by a judge. Call your home insurance agent and ask them if you are covered. "medical payments" coverage is good to have on your policy. It pays up to $10,000 in medical expenses without anyone showing anyone was careless. This coverage often prevents the injured person from calling an attorney trying to get an ER visit or ambulance ride paid for.
Answered on Jun 02nd, 2015 at 12:13 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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No. If someone is injured because you were negligent, then you are on the hook. If you are not negligent, then you are not at fault. Either way, posting a notice makes no difference.
Answered on Jun 02nd, 2015 at 8:03 AM
Lisa Hurtado McDonnell
You need to get parents to sign the waiver. You need to make sure the house is safe. A waiver may work but it really about a whether it will deter a parent from attempt to sue you from possible injury and it a question of fact if injury was caused by an unsafe condition.
Answered on Jun 01st, 2015 at 11:27 PM
In California, children under a certain age [6] can not be held at fault for an accident; a disclaimer is basically a psychological tool. It discourages some people from suing, but it normally, especially as to children, as no real legal effect. You are taking a big risk. Even if you are not sued, you may have to get a governmental permit and if a neighbor's child is hurt, no matter who was at fault, you will not have good relations with them.
Answered on Jun 01st, 2015 at 11:26 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It may help but should be signed by the parent of each user/customer, and I would suggest adequate insurance as well.
Answered on Jun 01st, 2015 at 10:37 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Probably not.
Answered on Jun 01st, 2015 at 10:29 PM