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Liability Claims 101

If you have been injured or your property has been damaged and you want to make a liability claim, there are a few key points of knowledge to arm yourself with before you approach the relevant agency or organisation. Even before you decide what liability claims you want to make, you should ensure you didn't sign any liability waiver forms and if you did, what exactly it included. It's important to have a thorough understanding of liability when you enter into agreements with any sort of organisation, employer or individual, not only so you know what responsibilities they are accepting for your interests, but also so you know what you are responsible for. With this information, you also have a clearer understanding of what you a responsible for in regards to other people in future agreements you enter in to.

Liability Waiver Forms

Companies, organisations, government agencies and employers will often ask you to sign liability waiver forms when you enter a working relationship with them, or engage in their services. Often you will not even need to sign a form to waive liability - signs at swimming pools that say "swim at your own risk" are an example of an unspoken waiver of liability. In another example, for more extreme sports or adventure holidays, you will more than likely be asked to sign a contract stating that you take full responsibility for any injuries you may suffer or damage that might be done to your properties. This usually also includes a statement that you and your next of kin will not sue the organisation in the event of a death. It's important to read fine print on ANY sort of liability form, and to keep your own copies of the originals. With today's technology it is easy to manipulate a contract after it has been signed and while this seems unlikely, you are far better safe than sorry.

Tort Liability

Tort liability is all about actions which have wronged a person. If you have been injured or suffered through the actions (or in some cases, inaction) of another person but they have not broken a law, this is a tort. The most common type of tort liability is negligence. If you can prove someone has injured you, tort law will hold them responsible for compensating you. It is worth noting that in tort law, the definition of "injury" is not restricted to physical harm. It also includes any invasion made of your interests - for example, your interests may be injured if someone trespasses on your land and causes a nuisance. Tort law also covers more intangible injuries such as loss of income, emotional distress, privacy and defamation.

Liability Claims

If you want to make a liability claim, first you need to decide if you need to contact an attorney or lawyer to represent you. If it is a big claim and involves a lot of fact-proving and large sums of money, you would be well advised to enlist the assistance of a liability expert. Corporations and organisations will often have a law firm who deals with any claims made against them so you won't be dealing face to face with people you are familiar with. The most successful liability claims are often made with the assistance of legal professionals and if you think the person you are making a claim against will challenge your claim you will be much better off with a representative. It will also send a message to the court that you are serious and confident about the validity of your claim.

Case Study

Stacey was on holiday with some friends in New Zealand. While they were there, three of the group decided to go on a weekend adventure tour that included white water rafting, caving and bushwalking. Stacey signed a waiver that acknowledged she participated in the risky activities with full understanding and that she waived the tour group of responsibility in the even something went wrong. On the first day she enjoyed rafting and bushwalking. On the second day the group went on a shorter hike in order to reach the caves. While they were doing this, Stacey got her foot caught in some tree roots and fell down an incline, breaking her leg and hitting her head badly. The tour group organised transport to hospital and her friends went with her.

Stacey thought that because the walk to the caves was not a "risky" activity, the tour group was responsible for the injury she sustained. After a closer reading of the forms she signed, it became clear that any activity undertaken as part of the tour was classed as "risky", not just those which were obviously dangerous, like the rafting. This highlights the importance of reading waiver forms closely and not taking anything for granted.