Recent Answers to Liability Waiver Law Questions

Cherie M.

Answered Jun 10, 2025

Thank you for your question. From the facts you presented, this would not be duress. You could argue undue influence since they were pressuring you, but it lacks the duress element since you could have just not participated. Kansas is also very generous in favoring the enforceability of liability waivers, so the specific facts of the incident and the terms of the waiver would have to be taken into consideration. Please let us know if you have any further questions!

J.R. S.

Answered Jan 5, 2024

Generally speaking, the purpose of a waiver is to limit the liability of landowners in certain situations for recreational purposes and tends to be binding, whether the signor understands the language or not. I would need more specific information in order to assess if liability might be determined, even with a vague or ambiguous waiver, especially if you or others suffered from injuries incurred during recreational activities. Further research into case law and statutory provisions specifically dealing with the interpretation and enforcement of liability waivers would be necessary to fully answer your question.

J.R. S.

Answered Jan 5, 2024

A liability waiver can indeed be binding on heirs if the language of the waiver expressly includes heirs or assigns. However, the binding nature of a waiver on heirs could be affected by several factors. Administrative regulations such as 1 TAC § 373.209 and statutes like V.T.C.A., Civil Practice & Remedies Code § 71.021 and V.T.C.A., Special Districts Code § 8502.020 stipulate conditions under which heirs can assert claims, which could potentially affect the binding nature of a waiver on heirs. Finally, the enforceability of such waivers can be influenced by whether the instrument is recorded or not, as per V.T.C.A., Property Code § 13.001. In summary, while a liability waiver can be binding on heirs, the enforceability of such waivers can be influenced by various factors, including the specific language of the waiver, the termination of the contract, administrative regulations or statutes, and whether the instrument is recorded or not. I recommend having a discussion with an attorney and have them draft the language to achieve your goal.

Donya G.

Answered Jan 2, 2024

Yes. If the state has laws that would limit liability or outline that certain conduct in that state would be the burden of the owner, that would be difficult and sometimes prohibited from being passed on to others

Shelia H.

Answered Dec 10, 2023

Yes. If you are having an event, every participant needs a liability waiver. This is especially important if the event includes activities that may result in someone getting hurt. Additionally, it provides you with an opportunity to disclose the possible hazards and an opportunity for the participant to make an informed decision regarding whether to attend and participate. Finally, even if you have a waiver, you will also want to supplement the waiver with insurance that will cover your event.

Luiza D.

Answered Dec 1, 2023

In California, using liability waivers for events is a common practice to help protect organizers from legal claims arising from injuries or damages that may occur during the event. However, whether an organizer needs a liability waiver, or not, for every event depends on various factors, including the type of event, the potential risks involved, and local regulations. Some events, especially those involving physical activities or potential hazards, may have a higher risk of injuries, making liability waivers more advisable. However, even for lower-risk events, organizers may choose to use liability waivers as an extra layer of protection. It's essential to consult with a California lawyer who is familiar with the local regulations of where the event will take place to determine whether a liability waiver is necessary for your specific event and what language to include in the waiver.