QUESTION
Should I hire a attorney to write me a waiver or will a general waiver do?
Asked on May 25th, 2015 on Personal Injury - Michigan
More details to this question:
I am starting a small summer program. It really should not be dangerous to the kids participating, but it will be physical and I wanted to have their parents sign a waiver just in case. I have found a few general waivers online that seem like they would work fine, but I am wondering, should I hire a lawyer to write a waiver for me? Is that really necessary to limit my liability?
10 ANSWERS
I can't answer this question because I do not know what the form waivers you have found say. Consulting a lawyer in this case would be a valid business expense, and might help give you peace of mind. (Please remember that some duties can not be bargained away, whatever the paper says.) Good Luck.
Answered on May 26th, 2015 at 7:24 PM
James Eugene Hasser
It never hurts to talk to a lawyer, but you might want to try running it by your liability carrier, first, and see if they have forms or how they would like you to handle it. Good luck.
Answered on May 26th, 2015 at 2:31 PM
Personal Injury Attorney serving Salt Lake City, UT
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William Enoch Andrews Injury Lawyer
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In a word, yes hire a lawyer to write a waiver for you. The waivers you have found online may very well not be good enough, strong enough and specifically address the liability risks unique to your summer program. A good lawyer will draft a waiver that will be very protective of you.
Answered on May 26th, 2015 at 1:02 PM
Ronald A. Steinberg
A general waiver MIGHT work, but to be safe, you may want to speak to a lawyer. Kids have a unique ability to find ways of hurting themselves.
Answered on May 26th, 2015 at 7:59 AM
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Andrew T. Velonis, P.C.
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Suppose you found a lump where there was not supposed to be one. Would you go to a dr, or look it up on the 'net?
Answered on May 26th, 2015 at 7:45 AM
Lisa Hurtado McDonnell
It depends if it cover your liability. I would ask some people in the industry or hire an attorney.
Answered on May 26th, 2015 at 12:47 AM
No, you could just pay all the damages when one of the kids gets injured [kids get injured all the time]. A contract/waiver by the kids can not be enforced against them because they are not 18 and the parents can not legally waive their child's rights. You need to speak to someone to see what you are getting yourself into and whether it is worth it.
Answered on May 25th, 2015 at 11:50 PM
Personal Injury Attorney serving Pasadena, CA
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Law Offices of Pius Joseph
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You can use a sample form. However, waivers can be fought and you do not want to take it upon yourself something that is not drafted to take care of your special situation. May be worth hiring an attorney.
Answered on May 25th, 2015 at 11:39 PM
Personal Injury Law Attorney serving San Diego, CA
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Law Office of Robert Burns
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You discuss an "exculpatory clause". You can look to the paperwork of comparable programs for examples of such language to use, but your best bet is to hire an attorney to do so who is mindful of your specific operations. The law may or may not allow the degree of exculpation you seek, but you should definitely alert the parents to risks.
Answered on May 25th, 2015 at 11:35 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I need details but think you need a limited liability entity, a proper waiver and insurance.
Answered on May 25th, 2015 at 11:30 PM