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Tag Archives: assumption of risk

When Are Liability Waivers Effective?

By Robert Ross |

LEGAL REQUIREMENTS FOR AN ENFORCEABLE LIABILITY WAIVER OR RELEASE Contractual releases of liability are contracts (as the name explains), and are therefore subject to the same legal defenses and enforceability issues as other contracts. Specifically, an enforceable waiver requires some “consideration” (a legal term for “value received”) and cannot be entered into through fraud or duress.

“Secondary Assumption of Risk” in Comparative Negligence

By Robert Ross |

WHAT IS SECONDARY ASSUMPTION OF THE RISK? “Secondary assumption of the risk” is a legal doctrine which applies when a defendant’s actions violate a duty of care to the injured plaintiff, but the plaintiff knowingly proceeds with an activity despite an awareness of the inherent (or increased) risk. In California, secondary assumption of the risk… Read More »

Can Injured Players, or Spectators, Sue for Injuries at Sporting Events?

By Robert Ross |

INJURIES TO ATHLETES OFTEN FALL WITHIN “ASSUMPTION OF THE RISK” Many sporting and sports-related activities are “inherently dangerous” under the law, and injuries resulting from participation in these activities–even by minors–may fall under “assumption of the risk.” Although coaches and other teachers or sporting instructors generally take reasonable steps (where possible) to minimize the risks… Read More »

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