Waiver - Property Injury

[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?

 

[john123456]

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.

 

[kdumas]

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?

 

[BelizeBreeze]

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.

 

[seniorjudge]

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.

 

[racer72]

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.

 

[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

 

[john123456]

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.

 

[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!

 

[You Are Guilty]

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.

 

[Some Random Guy]

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.

 

[john123456]

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.