Are Liability Waivers Enforceable in the Era of the Pandemic?
The short answer is maybe and to a limited extent.
If you go to an outdoor restaurant or a hair salon and are asked to sign a liability waiver you may be giving up your right to have a successful lawsuit if you unfortunately get a serious case of Covid19 and can prove you caught it at that establishment (a very difficult thing to prove).
Even if you sign it and a court upholds it as properly written and understandable, the business cannot contract itself out of acts of gross negligence (Possible examples are restaurants placing tables 2 feet apart instead of 6 feet apart or stores knowingly allowing employees not to wear masks or social distance when interacting with customers.).
The basic guidance is that a waiver of liability is always subject to court interpretation so no one knows if it would be upheld until a judge rules on it in a potential case.
For a more complete understanding of liability waivers, please listen to me discuss this topic in detail on numerous TV, radio and digital media interviews listed below (also available on my Media Page):
ABC7 – 7 ON YOUR SIDE “Are Covid-19 ‘liability waivers’ the new norm?
KGO SAN FRANCISCO – CONSUMER TALK “What You Need to Know About COVID-19 Liability Waivers
SCARYMOMMY – “Will COVID-19 Liability Waivers Be The New Normal?”
HEALTHLINE – “Why Your Gym, Dentist, or Hairdresser May Ask You to Sign a COVID-19 Liability Waiver”
CBS NEWS – “COVID-19 liability waivers now part of going to hair salons, gyms, theme parks and more”
To find out more information, please call me toll free at (877) CALL-LAW® (225-5529) or (212) 714-0988 for a consultation.
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