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Questions and Professional Answers

Questions and Professional Answers

  • liability issues to protect against personal injury from rented bikes and canoes

    I would like to open a small business that would rent bicycles and small boats; canoes, kayaks or small sail boats. Is there a general waiver document that would protect me and the business and inform the client of liability in operating the equipment. The waiver would explain to the client that the company accepts no responsibility for injury, including death, due to operating the rented equipment. The waiver would stipulate that in signing the waiver the client understands that they accept full responsibility for operating the equipment safely and that they would hold the rental com[any harmless in the event of any accident. The waiver document should be as short and understandable, free of intense legal jargon, as possible. - Thank you.
    • Re: liability issues to protect against personal injury from rented bikes and ca

      There are such waiver clauses that you can use and the courts in MD have even approved of a business using such a waiver to protect itself against its own negligence. However, to see that it is drawn up properly and adequately protects you, I suggest you consult an attorney to prepare it.

      Robert Sher
      Wagshal and Sher
      4824 Edgemoor Lane
      Bethesda, MD 20814
  • Fitness center liability waiver

    A fitness center requires members to absolve it of all responsibility for anything that goes wrong on the premises (both the contract and a waiver say this; see text below). When I pointed out that an accident might due to malfunctioning equipment, etc., the owner assured me that if the mishap were demonstrably the center's fault, the contract and waiver would not stand up in court and would not prevent me from suing them.My question: Is she correct? Does it make sense to sign such a contract and waiver, absolving them of all responsibility? The other factor is that this center is uniquely suited to my wife who has had a stroke. We both want to take advantage of it.Exact text:In the waiver, one agrees to ''release, waive and discharge, and to indemnify and hold harmless [center] and its employees and affiliates from all loss, expense and liability for injury, death or damages to the person or property of the undersigned while using [center]'s facilities.''The contract states: ''I am hearby waiving and releasing [center] from and against any and all claims, costs, liabilities, and injuries incurred while on these premises.''
    • Re: Fitness center liability waiver

      The fitness owner cannot have it both ways. This is called an adhesion contract. This means an all-or-none agreement. On occasion these contracts or their clauses have not been upheld in court. Are you going to take the risk that a verbal representation from a none attorney is going to help you in the event of a problem?The initial presumption is in their favor, and you would have to invalidate part of the agreement or challenge it. Also remember that this waiver was written by a team of experienced lawyers who want to protect the fitness center. You would be a mere member that has minimal rights and minimal recourse.If you have any other questions, contact me.

      henry lebensbaum
      Law Offices of Henry Lebensbaum (978-749-3606)
      300 Brickstone Square, Suite 201
      Andover, MA 01810
  • liability waiver

    I need a liability waiver for my students at FlowerSchool New York. They use knives and sharp scissors in cutting flowers and I want a form that they can sign that they accept responsibility for injury.
    • Re: liability waiver

      This document would be called a release of liabilty; so long as it states that it's purpose is for the students to acknowledge that they have assumed the risk of injury from inherently sharp objects like knives, it should be enforceable. If you wish to discuss this, please contact me.

      Mark S. Moroknek
      Law Office of Mark S. Moroknek *
      175 The Vale
      Syosset, NY 11501
  • I need someone to review a waiver...

    I am a ambitious new business owner and I am looking for a lawyer that may be able to review a waiver I have created for a class that I will be instructing in the future.Is this the website that would be able to help me with this? If so, is there a recommendation on who to ask to review the waiver?Is there a general email address to email?Is anyone out there willing to take the time and review my waiver?Should I post the material here? I dont think the available amount of data would be enough for the waiver to be posted.
    • Re: I need someone to review a waiver...

      I would be delighted to review the document for you. Please contact my office at the information below to discuss the possibility of our engagement.Many thanks.

      Richard Wolf
      Wolf Law Associates LLC
      347 Mt. Pleasant Avenue
      West Orange, NJ 07052
    • Re: I need someone to review a waiver...

      You do not say if you need a Waiver or some other form of disclmer of warranty or something else. In any event, I could assist, and you can contact me directly.

      Walter LeVine
      Walter D. LeVine, P. A.
      23 Vreeland Road #102
      Florham Park, NJ 07932
  • Signed Waiver of Personal Injury

    We have a trampoline and are covered for personal injury on are home insurance. if i have the parents of the neighbor kids sign a waiver for responsibility of injury for their children will it hold up in court if it comes down to it so it won't effect our insurance?
    • Re: Signed Waiver of Personal Injury

      I am certain lawyers and insurance agents would absolutely ban trampolines if we could. They are the cause of more injury, financial loss and heartbreak than anything other than the backyard swimming pool in this era. Having a trampoline is begging for a lawsuit.One cannot avoid the liability that results from maintaining a trampoline [an "attractive nuisance" in the law] by attempting to have parents "sign off" for their children. The right belongs to the children, not the parents. A release could act as an effective block to those who are uninformed, but that is a poor basis to rely upon for the potential exposure resulting from a serious mishap.My advice: get rid of the trampoline, thereby getting rid of the potential huge legal liability which could result from serious injury to a child.There is no other way to effectively guard against liability other than a great deal of insurance, which usually must be separately written explicitly to cover the trampoline.

      Charles Aspinwall
      Charles S. Aspinwall, J.D., LLC
      PO Bx 984
      Los Lunas, NM 87031-0984
  • School Waiver

    Our local high school wants us to sign a waiver for participation in sports. The last paragraph reads: ''I further state that in signing this insurance waiver form we absolve the school district of any liability for any accident that may occur during school related activities.'' Am I reading to much into this or would I be correct in not wanting to sign this? The way I read it says I'm releasing them from ANY responsibility for ANY accident that occurs while my child is in the school environment whether it is sports related or not. I understand that kids can get injured while participating in sports but this seems to be me to be taking it much further than that. Any input on this subject would be appreciated. Thanks.
    • Re: School Waiver

      You're correct in not wanting to sign it. But you should also know that many liability waivers like this are invalidated in the courts. The clauses generally protect schools against injuries incurred in the sports programs, but not in unrelated injuries.You should also know that your kids are only going to go through high school once. If you are prepared to accept the risks inherent in the sport your child will play, that's basically the ball game. Why worry about a risk unrelated to sports? If a teacher disappointed in your child's scholastic performance blames it on the sport, and so throws a math book at his or her head, no liability waiver will protect against a lawsuit.Good luck, to your kid and to the team.

      Philip Rosmarin
      Rosmarin Law Firm
      1221 Pearl Street
      Boulder, CO 80302
  • 601 Waiver Denied

    What are the chances that a second waiver will be aproved? I am waitting on a responce as to why my husbands waiver was denied.At first we had an attorney who advised us and prepared the form to us but when I pointed out the mistakes he had made such ass address correction ect she said it was no problem. She even advised us to take out my parents letter about my relatives living in US. Now our waiver is denied and I know that there are two choices either apeal their decision or file a new waiver.I know I need to consult with an attorney and I am looking for a new one to consult but for now I just want to know what are the possibilites that a waiver is approved a second time or a decision reversed.Thank you
    • Re: 601 Waiver Denied

      It'll be far faster to file a new waiver than to appeal the current decision.

      Michael Cho
      Law Offices of Michael S. Cho
      10940 Wilshire Boulevard, 16th Floor
      Los Angeles, CA 90024
  • waiver

    Our Divorce was denied because waiver was not signed. We have had him served and have proof but the courts want a waiver signed. He has denied it and is in jail for the next 55 years. What do I do when he would not sign the waiver.Thanks
    • Re: waiver

      If you had him properly served, then a signed waiver is not required.If you live in the Houston area, please give me a call at 713-847-6000. Something does not sound right.Fran Brochsteinwww.familylaw4u.com

      Fran Brochstein
      Holistic Attorney & Mediator
      8978 Kirby Drive
      Houston, TX 77054
    • Re: waiver

      The purpose of a waiver is to avoid the requirement of service of process. If you had your husband properly served, then he is required to answer or appear, or the judge can enter an order without his input. I am interested in whether your case is still pending or how long it has been since the divorce was denied. If the denial occurred less than 30 days ago, you are in a better position than if you have let more time go by. Please contact a lawyer as soon as possible. Lack of a waiver should not prevent you from getting divorced. If you would like to hire me, feel free to contact me.

      Laura Heard
      Law Office of Laura D. Heard
      10615 Perrin Beitel Rd., Ste. 100
      San Antonio, TX 78217
  • Possible Will Change

    Can you still contest a will even after you sign a waiver. If I find out that a person may have been cohersed into changing a will. Also does a waiver have to state the correct estate holdings to be legit. If the waiver prove to be incorrect does the nullify it.
    • Re: Possible Will Change

      Yes, it may be possible to contest a Will, even after signing a waiver. Newly discovered facts (e,g, coercion) and an improperly drafted waiver are just two scenarios where the Court may still allow a Will contest. You should speak with an attorney to discuss all the surrounding facts and circumstances.Email or call my office for a brief consultation.

      Anthony Park
      Anthony S. Park, PLLC
      One Rockefeller Plaza Suite 321
      New York, NY 10020
    • Re: Possible Will Change

      Before any opinion can be given, the "waiver" you signed and any other supporting documents have to be reviewed. The contents of what you signed and the conditions and facts surrounding the event would be relevant to your current rights. Call for an appointment and then I can try to help you. If you mention LawGuru the first half hour is free.

      Bernard J. Berkowitz
      Berkowitz & Raiken
      170 Changebridge Road , Unit B-3
      Montville, NJ 07045-9115
    • Re: Possible Will Change

      Not having seen the Waiver at issue, my response will be general, since I do not know many needed facts, such as if you were given a copy of the Will when you were asked for the Waiver? While the giving of a Waiver might be a defense to a later contest, if the Waiver were incorrect, misrepresented facts, or may have been obtained improperly, a Judge can ignore it. If you can prove your statements (there may have been coercion in making the Will, the Waiver was incorrect, you were not given a copy of the Will, etc.), you have a good shot at overturning having given the Waiver and then contesting the Will itself. I suggest the entire matter be reviewed by a good NY estate attorney.

      Walter LeVine
      Walter D. LeVine, P. A.
      23 Vreeland Road #102
      Florham Park, NJ 07932
  • waiver

    I filed to adjust my husband's status and I received a reply which said that he is an expedited removal case and he would be able to file an I-485 if accompanied by an approved I-212 waiver. He was caught at the border in May of 1997. I'm not sure if we can get a waiver or how we should go about this.
    • Re: waiver

      So he was caught and deported back to Mexcio, and he returned to the U.S. and filed for LPR under 245(i)? If this is the case, yes, he will need to file a waiver for re-entering the country w/o waiting ten years to re-enter the country. You will have to prove that it would be undue hardship upon you, the USC wife for him to have to go back to Mexico and wait the ten years. Feel free to e-mail or call directly.Gabriel D. JackAttorney at Lawgjack@gabejack-law.com408-293-2026

      Gabriel Jack
      Muston & Jack P.C.
      1671 The Alameda Suite 210
      San Jose, CA 95126
    • Re: waiver

      Expedited removal occurs when a non-citizen seeks admission into the US either as an intending immigrant not in possession of a valid visa or because they're accused of lying about their immigration status to seek admission. They're barred from return without special permission (I-212) for 5 years, and if accused of misrepresentation will need a waiver of inadmissibility, as misrepresentation causes a lifetime inadmissibility issue.Adjustment of status is for people who are inside the U.S., as opposed to visa processing abroad. So, if your spouse had been subjected to expedited removal and is now in the country without having first obtained permission to return, then this is a complication that needs proper and careful attention.I've done work on expedited removal issues, and have worked on necessary waivers resulting from these types of situations. They are matters that need individualized attention.

      Eric Schultz
      Sacks, Kolken & Schultz
      1320 Statler Towers
      Buffalo, NY 14202
    • Re: waiver

      I see you're in California. With due respect to my colleagues who replied before me, here in the Los Angeles District (of which you may be in), these I-212 waivers take a couple years to adjudicate, in which case, your husband's I-485 case is put on hold. Also, extreme hardship is not required (although other factors may) because this isn't the 3/10 year bar being waived. Finally, and unfortunately, in my experience, the I-212 is not typically approved if the applicant has been here the whole time and hasn't been outside the country for the required five or ten years. Liem Doan, Esq.

      Larry L. Doan
      Law Office of Larry L. Doan
      11664 National Blvd., Suite 317
      Los Angeles, CA 90064