This form is a release of liability. The releasor forever discharges and acquits the releasee of all damages and injuries resulting from the event described in the document.
Palm Beach Florida Release of Liability - General
Category:
State:
Multi-State
County:
Palm Beach
Control #:
US-01764
Format:
Word;
Rich Text
Instant download
Description
How to fill out Release Of Liability - General?
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FAQ
The answer is that, if properly worded and signed, the Waiver is likely valid and will preclude legal claims for injuries.
A liability waiver may be deemed invalid if it is not clear, explicit, and comprehensible. A waiver that is written in a small font such that it is not clearly legible, or one that is written in language that is especially difficult or confusing, may be invalid under the law.
To sum things up, although Florida courts look with disfavor on a pre-injury waiver of liability agreement, such an agreement is enforceable if it is clear and unequivocal. Such an agreement can include gross as well as simple negligence, but intentional torts cannot be waived.
Waivers usually only apply to negligence claims. Negligence is the failure to use due care. So if you are injured because a ride operator in a theme park was careless, then your waiver will probably prevent you from going into court and filing a lawsuit.
Gross negligence is defined under Florida law as conduct by someone who was wanting in care or who acted in a reckless manner, creating a conscious disregard for the life, safety, or rights of others. In cases involving gross negligence, the court has the authority to award the plaintiff with punitive damages.
To be valid and enforceable, liability waivers in Florida must contain language that is clearly written, unequivocal, unambiguous and specific on the risks and rights being waived by the signee.
A liability waiver becomes a binding legal document once signed. This means the signatory: Is informed about potential risks involved in participating in an activity. Agrees not to sue the company issuing the waiver in case of a stipulated event or occurrence.
The State of Florida follows the pure comparative negligence rule. Comparative negligence is frequently argued by the defendant in a personal injury case. It reduces your amount of compensation when you were partially at fault in causing your accident.
A company's gross negligence cannot be absolved by a liability waiver. A plaintiff can also win by proving that the injury resulted from recklessness or an illegal or intentionally wrongful act.
Hold harmless agreements are generally valid in Florida. However, whether you can still sue for damages depends on the specific language in the agreement. Suppose a hold harmless agreement does not specifically stipulate that a property owner cannot be held liable for negligence or negligent actions.
