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For an exculpatory clause to be enforceable in Pennsylvania the waiver: Must be unambiguous in its intent to relieve any and all legal liability including the liability for negligence. The wording of the waiver must be clear. The waiver must be prominently displayed.
Here is all that pertains writing an effective liability waiver:Get help. Writing a waiver should not be complicated.Use the correct structure.Proper formatting.Include a subject line.Include a caution!Talk about the activity risks.Do not forget an assumption of risk.Hold harmless.More items...?
The Waiver must be clearly worded and unambiguous in its intent to relieve any and all legal liability, even liability for negligence. The Waiver should be prominent and not hidden in the fine print of a long contract. The Waiver must be signed by the person who it is being used against.
As tempting as it may be, you should never write your own liability waiver. Unless you're a fully qualified lawyer with experience in this area, it's likely that you'll omit critical language that puts your business at risk for lawsuits.
The answer is that, if properly worded and signed, the Waiver is likely valid and will preclude legal claims for injuries. In the recent Pennsylvania case of Vinikoor v.
Releases of liabilitysometimes called waiversare legal agreements designed to transfer responsibility for injuries and property damage from one party to another.
In Pennsylvania, the Superior Court confirmed that if the conduct is grossly negligent and/or reckless, that the victim may sue regardless of a release.
Liability waivers are enforceable in California solely to the extent they shift to the customer the risk of ordinary negligence. Under California law, a liability waiver cannot excuse an injury caused by a defendant's gross negligence, recklessness or intentionally wrongful act.
Waivers of liability for injuries resulting from ordinary negligence are enforceable in the state; however, Pennsylvania public policy prohibits the enforcement of waivers for actions of gross negligence or recklessness.
Liability waivers are common in the recreational context and the sporting world, as a means of limiting the financial exposure of those who operate such enterprises. These waivers often intimidate prospective injury plaintiffs, and for good reason in Pennsylvania, liability waivers are generally enforceable.