Recent Answers to Liability Protection Law Questions

I recently signed a release of liability form before participating in a recreational activity, and I'm concerned about the legal consequences should I sustain any injuries during the activity. While I understand that such forms are intended to protect the organization or individual organizing the activity, I'd like to know the extent to which signing this form could limit my ability to seek compensation for any harm that may arise from the activity, especially if the organizers were negligent or acted recklessly.

Jeff G.

Answered May 6, 2025

The real answer here is going to depend upon several specifics: the activity, the release document itself, whether you had any negotiation of the document before signature, the actions of the organization/individual who asked you to sign the release, YOUR actions, the location of the activity, etcetera. Long story short, without knowing the specifics, a factual and complete answer is impossible. Sorry!

Can a design-build contractor be held responsible for any design errors or deficiencies that may arise during the construction process in a Design-Build Contract? I am considering entering into a Design-Build Contract with a contractor for a construction project, and I want to understand the extent of the contractor's liability for any potential design-related issues that may arise. I have heard conflicting information about the allocation of design responsibility in such contracts, and I want to ensure that I am fully aware of the legal implications before proceeding with the agreement.

Darryl S.

Answered Mar 12, 2025

Yes, under a Design-Build Contract, the design-build contractor is typically responsible for both design and construction, meaning they can indeed be held responsible for design errors or deficiencies that arise during the construction process. I recommend you have a lawyer specifically review the contract you have with the db contractor to see the exact language regarding design errors and responsibility

I am in the process of renting an event space for a large gathering that will include various activities and entertainment. I am concerned about potential accidents or damages that may occur during the event and would like to know if it is legally possible to include a clause in the rental agreement that limits the liability of the venue for any injuries or damages caused by the attendees. I want to ensure that I am not held responsible for any incidents that may happen during the event.

Darryl S.

Answered Jan 28, 2025

It is possible to include a liability-limiting clause in a venue rental agreement, but its enforceability depends on jurisdiction and clear, fair language. Venues often disclaim liability for attendee negligence but cannot waive responsibility for gross negligence, willful misconduct or safety violations. You can ask that the renters indemnify the venue for claims and require them to secure event-specific insurance, including general liability and liquor liability if applicable. . Consulting legal counsel to review the agreement and align with local laws is essential to minimize risks during your event.