Extent of Negligence Waivers in Pennsylvania

[Brin57]

What is the name of your state? Pennsylvania

Hi, I'm from the UK. My son is coming to the USA this Summer. He can take part in a Class 2 Whitewater Rafting activity but has been asked to sign a "Release of Liability" form which waives all rights to sue, even for negligence on the part of the organisers to the fullest extent permitted by law.

What is the "fullest extent permitted" ? Is the release worth the paper it is written on i.e. the Courts would not enforce it or will the Courts uphold the agreement, and if so, to what extent.

[shortbus]

Courts can & do enforce these waivers, pretty broadly. But they are a standard feature in sporting activities in the USA. I had to sign one to take a yoga class.

In the UK, the injury litigation system keeps out more frivolous claims because the loser pays the court costs of the winner. Whereas in the US, everyone pays their own costs, so if you've got a lawyer working on contingency, there's nothing to lose by suing.

That said, I would definitely make sure he has travel / health insurance that covers him while he's here.

Have fun.