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Under Arizona law, court approval is always required to settle a minor child's personal injury claim if the settlement amount exceeds $10,000.00. Furthermore, insurance companies and other adverse parties are entitled to require court approval of minor settlements that are below $10,000.00.
THE PURPOSE OF A RELEASE OF ALL CLAIMS FORM The primary purpose for the document is to absolve the at-fault party of future liability in the settlement process. For that reason, some people also refer to them as liability waiver forms.
In California, liability waivers are used to help shield businesses from being sued if someone gets injured on their property. Whether they are enforceable or not depends on how well they are drafted and whether gross negligence was involved.
For example, a waiver may be void and thrown out of court if: Its language is unclear. If the waiver was difficult for a reasonable person to understand, you might not have truly realized what you were signing. You asked questions about the waiver but received incorrect or misleading answers.
In general, we will see that waivers will be deemed invalid if: The provisions of the agreement are illegal or ?unconscionable.? The language of the waiver is not comprehensible, clear, or explicit. The waiver was obtained through deception, misrepresentation, fraud, undue influence, or when a person was under duress.
For the most part, the signing of a waiver is going to hold up in court as a binding document. That does not mean, however, that you are out of options if you sign a release of liability waiver and then sustain an injury while participating in the activity the business offered.
The statute of limitations in Arizona is set at two years for all personal injury claims.
In Arizona, it has been long-established by the courts that enforceable liability waivers must specify the particular risks and harms for which liability is being released.