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05-15-2006, 04:10 AM
| | Junior Member | | Join Date: May 2003 Location: San Diego, California
Posts: 21
| | | Waiver - Property Injury
What is the name of your state? CA
My husband just built a skate ramp for my son and his friends to use in our driveway. I worry about one of the kids getting injured and then being sued by their parents. Before I let any of them use it, I was thinking that I could have their parents sign a waiver releasing us from liability in case of an accident. Do you know where I could find a waiver like this and would it hold up in court if anything unfortunate were to ever happen? |
05-15-2006, 04:19 AM
| | Member | | Join Date: Aug 2004
Posts: 853
| | Quote: |
Originally Posted by kdumas What is the name of your state? CA
My husband just built a skate ramp for my son and his friends to use in our driveway. I worry about one of the kids getting injured and then being sued by their parents. Before I let any of them use it, I was thinking that I could have their parents sign a waiver releasing us from liability in case of an accident. Do you know where I could find a waiver like this and would it hold up in court if anything unfortunate were to ever happen? | Forget the waiver. Purchase an umbrella policy with a minimum $1M limit. |
05-15-2006, 09:21 AM
| | Junior Member | | Join Date: May 2003 Location: San Diego, California
Posts: 21
| | | umbrella policy
I think I'd rather sell the skate ramp than to have to pay for even more insurance. Can anyone help me with the waiver issue? Will a waiver work or can someone sue us anyway? We have to sign waivers left and right for my son to go to skateparks to skate. Is a waiver at a skatepark any different than a waiver at a home? |
05-15-2006, 09:27 AM
| | Senior Member | | Join Date: Jun 2004 Location: "Harvey and Me"
Posts: 25,177
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Originally Posted by kdumas I think I'd rather sell the skate ramp than to have to pay for even more insurance. Can anyone help me with the waiver issue? Will a waiver work or can someone sue us anyway? We have to sign waivers left and right for my son to go to skateparks to skate. Is a waiver at a skatepark any different than a waiver at a home? | No****************************
and also not a hedge against being sued.
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05-15-2006, 11:07 AM
| | Senior Member | | Join Date: Aug 2005 Location: St. Odo of Cluny Parish
Posts: 29,043
| | Quote: |
Originally Posted by kdumas I think I'd rather sell the skate ramp than to have to pay for even more insurance. Can anyone help me with the waiver issue? Will a waiver work or can someone sue us anyway? We have to sign waivers left and right for my son to go to skateparks to skate. Is a waiver at a skatepark any different than a waiver at a home? | Forget the waiver. Purchase an umbrella policy with a minimum $10M limit.
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05-15-2006, 11:44 AM
| | Senior Member | | Join Date: Jan 2001
Posts: 12,067
| | | You can't make anyone sign away their legal rights for compensation due to negligence. Either purchase a bunch of insurance as suggested or get rid of the ramp.
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05-20-2006, 04:47 PM
| | Junior Member | | Join Date: May 2001
Posts: 19
| | | A waiver doesn't necessarily protect you against a suit BUT I would still recommend it. You can be sued IF the ramp is faulty and caused an injury by negligence. IE: nail sticking out, plywood breaking, etc. Make sure the construction is sound and it is maintained.
Otherwise, if a person uses the ramp AND signs a waiver, the waiver shows that the skater was aware of the risk of injury associated with the sport. That's called Assumption of Risk. If a skater falls because he sucks, he won't win a lawsuit against you.
Not referring to home skate ramps, but there has never in the history of skateparks, been a lawsuit successfully won against a skatepark establishment for injuries that were sustained NOT by the skateparks negligence.
~Susan |
05-20-2006, 04:51 PM
| | Member | | Join Date: Aug 2004
Posts: 853
| | Quote: |
Originally Posted by susanweb A waiver doesn't necessarily protect you against a suit BUT I would still recommend it. You can be sued IF the ramp is faulty and caused an injury by negligence. IE: nail sticking out, plywood breaking, etc. Make sure the construction is sound and it is maintained.
Otherwise, if a person uses the ramp AND signs a waiver, the waiver shows that the skater was aware of the risk of injury associated with the sport. That's called Assumption of Risk. If a skater falls because he sucks, he won't win a lawsuit against you.
Not referring to home skate ramps, but there has never in the history of skateparks, been a lawsuit successfully won against a skatepark establishment for injuries that were sustained NOT by the skateparks negligence.
~Susan | Poster:
I suppose Susan will loan you the $100K you'll need to pay in defense costs. |
06-14-2006, 04:00 AM
| | Junior Member | | Join Date: May 2006
Posts: 20
| | | Why not just move the ramp into the street and then it wouldn't be on your property? That is what our parents made us do with our ramp many many years ago. This is only an option if you do not live on a busy street, obviously! |
06-14-2006, 08:07 AM
| | Senior Member | | Join Date: Jun 2004
Posts: 7,578
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Originally Posted by KimberlyCali Why not just move the ramp into the street and then it wouldn't be on your property? That is what our parents made us do with our ramp many many years ago. This is only an option if you do not live on a busy street, obviously! | Maybe because the location of the ramp is irrelevant if they own/built it?
Then again, I don't know why I would expect good advice from someone who is busy someone answering month old posts. 
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06-14-2006, 11:50 PM
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Posts: 3,348
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Why not just move the ramp into the street and then it wouldn't be on your property?
| Because moving the ramp onto a public roadway guarantees a suit for negligence the first time one of the kids is hit by a car or cracks their head on the curb. |
06-15-2006, 01:13 AM
| | Member | | Join Date: Aug 2004
Posts: 853
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Originally Posted by Some Random Guy Because moving the ramp onto a public roadway guarantees a suit for negligence the first time one of the kids is hit by a car or cracks their head on the curb. | Gee Random Guy, you must have missed YAG's post. | |
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