Waiving liability: Is it ironclad?

It was a most amazing story in the news recently: as reported by kbtx.com, a young girl was taken skydiving by her father for her sixteenth birthday, something she had always wanted to do.

2014-03-22

March 22, 2014 (Press-News.org) It was a most amazing story in the news recently: as reported by kbtx.com, a young girl was taken skydiving by her father for her sixteenth birthday, something she had always wanted to do. She was taking a static-line jump, where the parachute is supposed to open when the jumper exists the plane. Jumping out of the plane at 3,000 feet, the girl's parachute failed to open properly and she spiraled to the earth. Amazingly, she not only survived, but was expected to leave the intensive care after only a few days and still faced a long recovery for her serious injuries. Although she was given a six-hour training course beforehand and had a radio microphone in her helmet, she apparently froze and was unable to take corrective actions which might have allowed the chute to open properly. Her father now says that she should not have been allowed to make the jump--regardless of what he or she said. What the news reports did not state, but what is likely the case--the girl and/or her father signed a waiver of liability before the plane even left the ground.

Waiver of liability

A waiver of liability is a legal document a person who is about to engage in an activity signs to acknowledge the risks or dangers involved in that activity and an agreement not to hold the person or business conducting the activity liable for any injuries. Under Texas law, in order for any waiver of liability to be enforceable, it must be written in unambiguous terms within the document itself and must be conspicuous. The test is whether it is written so a reasonable person who is asked to sign a document would have noticed it. Is it in a larger font? A different color? A heading in all capital letters? Just because a contract has a provision releasing liability does not mean it is automatically enforceable--a reasonable person must know and understand what it is they are agreeing to. Other exceptions may apply as well.

The "minor" issue

The other question raised by the situation with the 16-year-old skydiver is whether a parent, under Texas law, can sign any waiver of liability and give up a child's right to pursue liability for personal injuries. The Texas Court of Appeals answered that question in Munoz v. II Jaz, Inc. While the Family Code may give a parent the power to make decisions of substantial legal importance concerning a child, that power does to extend to give then the power to waive a child's cause of action for personal injuries. Such a power, the court found, would be against the state's public interest in protecting minor children.

Anyone who has been injured engaging in an activity where a waiver of liability was involved should immediately consult with an experienced Texas personal injury attorney to properly evaluate the circumstances and enforceability of such a document.

Article provided by The Krist Law Firm, P.C.
Visit us at www.kristlaw.com

ELSE PRESS RELEASES FROM THIS DATE:

Warrantless search of mailed package was not justified

2014-03-22

Under the Fourth Amendment of the United States Constitution, a warrantless search is considered unreasonable unless the situation is covered by one of a number of exceptions to the law. One of those exceptions is related to "exigent circumstances"--a situation which, by its nature, requires immediate action. In the case of Robey v. Superior Court, the California Supreme Court discussed an incident in which the police claimed they had exigent circumstances to search a package containing marijuana . . . but the court disagreed. A shipping package . . . and ...

Downtown motorcycle accident results in the death of a Charleston man

2014-03-22

A local Charleston man recently lost his life in a tragic motorcycle accident in the downtown area. The 29-year-old victim grew up in Mount Pleasant. The incident occurred on the Huger Street off ramp to the Arthur Ravenel Jr. Bridge. After the accident, the motorcycle was mangled, and a broken light pole rested in a field close by. The victim was discovered by a pedestrian, who was walking his dog. The witness noticed the broken light pole and ultimately uncovered the crashed motorcycle and victim's body, which was found just a few feet away. According to the witness, ...

Pradaxa poses serious health risk to several users

2014-03-22

When patients consume medicine, the intention is to relieve medical issues or symptoms --not create them. However, some drugs are found to be defective, causing further issues for those who consume the product. For example, Pradaxa is a commonly used blood thinner; however, it is one of the most complained about medications in the country, according to ABC News. In fact, several complaints were filed with the Food and Drug Administration regarding the drug in the past few years. Since the medication was approved in 2010, Pradaxa has been linked to approximately 1,158 ...

Thousands injured from transvaginal mesh device, litigation continues

2014-03-22

Surgical mesh was first approved by the FDA in the 1950s to repair hernias. In the 1990s, the product was expanded to treat pelvic organ prolapsed and stress urinary incontinence conditions, particularly for women post childbirth. However, thousands of women have suffered injuries from transvaginal mesh. Many had to undergo additional surgical procedures, such as blood transfusions and draining, to correct the problems from the defective medical device. As of today, roughly 40,000 lawsuits have been filed against various manufacturers of the defective transvaginal mesh ...

"Bike cams" capturing danger posed to bicyclists in Chicago

2014-03-22

After an unusually cold winter in Chicago, spring is just around the corner. With the rise in temperature and the melting snow in sight, cyclists are itching to get back out on the road (at least those who did not brave the cold and snow and bike anyway). Bicyclists have reason to be excited. Last summer Chicago increased its number of bike lanes and added the bike sharing program "Divvy" to its city streets, which now has 400 bike stations across the city. Chicago is part of a growing movement that encourages bicycling even in urban environments for health and ...

Infant blindness case could proceed based on medical expert's report

2014-03-22

To prove medical malpractice, a patient often will need the opinions and reports of medical experts. These experts generally will provide a report which discusses the applicable standards of care in an area and how the health-care providers failed to meet those standards. In addition, the report must establish "causation"--that is, the relationship between the health-care provider's failure and the injury to the patient. Enough key facts, including information related to causation, must be included in the report for it to be valid, or else the health-care provider ...

Even theoretical physics has trouble determining a child custody schedule

2014-03-22

It comes as little surprise to most people that establishing a workable child custody schedule is difficult. The relationship between the parents, the age of the child, work schedules, and a host of other issues can influence a parent's desires and compromises when establishing a child custody plan that works in the best interests of the child. You wouldn't necessarily think it would take a theoretical physicist to figure it out, though. Yet that is exactly what one scientist did when figuring out a schedule to see all his children at the same time. The physicist, ...

Circumstantial evidence offered did not prove intent to sell marijuana

2014-03-22

The possession of marijuana with intent to sell is a more serious offense than simple possession and such intent may be shown by direct or circumstantial evidence. In determining if there was intent to sell, factors which may be considered include the packaging of the controlled substance, the quantity found, the presence of cash or drug paraphernalia, and the suspect's activities. If the circumstantial evidence of the intent to sell is not adequate, the charge may not withstand scrutiny, as seen in the North Carolina Court of Appeals case of In re N.J. Possession ...

Study suggests new treatment guidelines to reduce TBI fatalities

2014-03-22

Anyone in Orleans County, Louisiana, who has experienced a brain injury or been close to someone affected by one knows how devastating these injuries are. A traumatic brain injury can be fatal or cause cognitive effects that last for life, which is why TBIs and means of treatment are the subject of many widespread research efforts. A recent study offers hope for future TBI victims by suggesting ways to improve the treatment of TBI patients, lowering the risk of fatalities and other complications. Monitoring guidelines reduce deaths The study spanned 8 years and used ...

Police checkpoint stop of defendant's vehicle was invalid

2014-03-22

In State v. White, the Court of Appeals of North Carolina upheld the trial court's decision to suppress all evidence obtained as a result of the stop of the defendant's vehicle at a police checkpoint conducted in violation of a state statute. Background In September 2009, the defendant was arrested for driving while impaired and driving while his license was revoked. The defendant filed a motion to suppress evidence obtained in the checkpoint stop of his vehicle, asserting that the stop violated federal and state constitutional provisions and a North Carolina statute ...