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Disclaimer Sign Wording.
I’ve a friend who runs an indoor skatepark. It’s massive, and is awesome, I used to go as a kid.
Anyhow, recently they have been faced with legal claims after a child has injured themselves. Even after signing a disclaimer when they apply for membership, stating the park cannot be held responsible, you are using the park at your own risk.
Seems some parents are out to make few quid, so I’m donating my services to make a large sign, to clearly state the fact, that the park is used at their own risk.
Is there a correct/legal way to word this?
At the moment we have:
"This skatepark is NOT a playground or a
SAFE play environment. It is a Sporting Facility.Despite UK Skate Park taking all reasonable
precautions, unavoidable accidents can happen.In respect of this you are present at your own risk."
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10 Replies
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It is my understanding that disclaimers are pretty much useless in Law?
I may be wrong but you cannot sign away your legal rights.
Accidents happen but if they are caused by an negligence your friend will be held responsible.
A sign may help prevent frivolous claims but not something serious caused by negligence.
John
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Yes there are still laws which cannot be waived.
IE: Stick a sign up saying enter at your own risk, then locking ALL the fire exits, and saying tough to any victims of a fire.
But as he’s taking all reasonable steps to maintain the park, and comply with the law, it should deter some from trying to claim.
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I’m involved in motorsport events etc and as you can imagine there are similar disclaimers… I don’t have them to hand now but have a look on the MSA (Motor Sports Association) website msauk.org there are several downloads – Marshals, Officials and competitor signing on sheets all have similar disclaimers you may be able to use etc.
However I would recommend that your firend also takes some legal/professional advise on what the disclaimer should say particuarly around the "use at own risk" especiallay if people are paying to use a facility and what in the eyes of the law are "Reasonable" precautions.
It’s a real minefield – in the past (previous career) I have been involved in a couple of IT contract litigation and the arguements about things like "Best Endeavours" vs "Reasonable Endeavours" are amazing.
Also as others have said you can’t ask someone to sign away their legal rights against negligence etc…..
Nick.
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John is right, disclaimers do not limit liability in the event of an accident. The park can be held fully liable in the event of an ‘accident’.
I’m suprised his insurance hasn’t insisted that he already have fully visable disclaimer and warning signage. That in itself may cause him some grief.
As to wording of signage, a trip to a solicitor qualified in this stuff might be the best advice for him. -
Harry’s right his best bet would probably be a legal firm that specialise in this sort of thing. May cost him a bit but save a lot of headaches & possible expenses in the future.
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I’ve just published the second edition of a Canoe & Kayak Guide book to the rivers of North West England and this is the disclaimer I used 😉
Warning
Kayaking, canoeing and water sports of any variation can be dangerous. Risk cannot be eliminated. This guidebook is not an instruction manual, or suggestion of a right of way nor should it take the place of good judgement. The rivers described in this guide can kill you. They can kill you on your first day out on the river with your shiny new dry cag and boat. They can kill a seasoned "River Master" with a thousand runs under his belt. If living under the threat of death is less than appealing to you, please find another sport. Heads do pop off. Shoulders do dislocate. Lungs do fill with water. People drown. Families will lose favourite members. Rescue teams will be forced to scoop some into vile green vinyl bags. Remember, you made the choice to kayak. Have the guts to take responsibility for what you are doing, be it drowning, quasi mutilation, or something as simple as just losing your mind. If you intend to weasel out of your obligation to be responsible, and see laying blame on the publisher or author as an alternative to your ineptness, please do not use this guide. Please close your wallet and go away now, before it’s too late. Goodbye.
But…..if you want to have fun:- Be accountable, Be responsible, Be alive. Try it sometime.
Have a nice day! -
Agreed. When it comes to the personal injury, especially of MINORS the CANNOT sign away their rights, agree to a contract affecting their welfare or agree to a disclaimer however large or well worded it may be.
The owner will also HAVE to PROVE such formalities as site inspections, equipment condition reports, have risk assessments to show a level of ‘due diligence’. To further cover himself he’d have to have mandatory training sessions, issue certified protective gear etc. etc.
Gone are the days of ‘just providing a venue’…if somebody owns it – they are responsible for ANYTHING that happens there.
(Case a few years back where 2 or 3 boys broke in to a derelict building and one died after falling through a hole…court case ran on for months.)
As advised – best seek legal advise and check his insurance.
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quote Stuart Miller:I’ve just published the second edition of a Canoe & Kayak Guide book to the rivers of North West England and this is the disclaimer I used 😉Warning
Kayaking, canoeing and water sports of any variation can be dangerous. Risk cannot be eliminated. This guidebook is not an instruction manual, or suggestion of a right of way nor should it take the place of good judgement. The rivers described in this guide can kill you. They can kill you on your first day out on the river with your shiny new dry cag and boat. They can kill a seasoned “River Master” with a thousand runs under his belt. If living under the threat of death is less than appealing to you, please find another sport. Heads do pop off. Shoulders do dislocate. Lungs do fill with water. People drown. Families will lose favourite members. Rescue teams will be forced to scoop some into vile green vinyl bags. Remember, you made the choice to kayak. Have the guts to take responsibility for what you are doing, be it drowning, quasi mutilation, or something as simple as just losing your mind. If you intend to weasel out of your obligation to be responsible, and see laying blame on the publisher or author as an alternative to your ineptness, please do not use this guide. Please close your wallet and go away now, before it’s too late. Goodbye.
But…..if you want to have fun:- Be accountable, Be responsible, Be alive. Try it sometime.
Have a nice day!😀 I like that Stuart! I’d almost buy the book after reading it – that’s if I could get into a canoe in the first place! 😀 Don’t know if it would have the same appeal on a signboard on the river bank though. 😀 😀
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Slightly off topic, but while speaking to a customer of mine today he told me about a court case he was involved in:
A local council, at a well used beauty spot decided to place signs in the river warning of the danger (said river was inches deep…).
Months later, a child paddling in river cuts foot.
Parents sue council.
Council lose case, held responsible due to placing the signs they undertook responsiblity about making the area safe.It was stated afterwards if they hadn’t put the signs up, they’d have successfully defended the case.
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quote Colin Crabb:Slightly off topic, but while speaking to a customer of mine today he told me about a court case he was involved in:A local council, at a well used beauty spot decided to place signs in the river warning of the danger (said river was inches deep…).
Months later, a child paddling in river cuts foot.
Parents sue council.
Council lose case, held responsible due to placing the signs they undertook responsiblity about making the area safe.It was stated afterwards if they hadn’t put the signs up, they’d have successfully defended the case.
This reminds me of "This sign has sharp edges". Pointless overreach.
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