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The Content of Liability Waiver Forms is Critical

If you've ever tried to make a liability claim, chances are you know all too well just how important it is to understand what you're signing when it comes to liability forms. If you have never had the need to make a claim, consider yourself lucky and prepare to arm yourself with some invaluable information for the future. Liability forms aren't just a gate you have to pass in order to gain permission to participate in something or do a job; they are very important legal documents you should consider as carefully as you'd consider a mortgage.

What is liability?

A legal liability is a situation where a certain person or organisation is financially and legally responsible for another person or organisation in regards to tort (issues of property or reputation). If you hold legal liability you are required to pay compensation in the event that the second party suffers damage, whether this arises from civil or criminal actions against them. Damage has a wise ranging legal definition that is most often settled by the careful review of precedents and by considering each individual situation. As well as physical damage to property and body, it can also include things like defamation, slander and emotional distress.

Liability Waiver Forms

These are legally prepared contracts in which two parties agree to terms of liability. In other words, when you sign liability waiver forms you are usually agreeing to the set terms of responsibility an organisation or individual is prepared to accept on your behalf. It's impossible to stress the importance of reading the fine print on liability waiver forms - make sure you clarify the meaning of any ambiguous or unclear statements before you sign. The information on a liability form will most commonly include statements similar to "I voluntarily accept full responsibility for any risks or loss, property damage or personal injury, including death, which may be sustained by me. I also accept full responsibility for any loss or damage to the property I own which occurs as a result of participation in this tour/sport/meet/organisation/event/etc". Liability waiver forms can also extend the reach of the waiver to include a guarantee against suing the company or organisation, or their employees and affiliates. It is quite common for liability waiver forms to stress that the signing is voluntary, as if you can prove you were coerced into signing a waiver form, the contract becomes void. The correct legal release of liability can become a sticking point in some cases.

Keep Copies

It's important to keep copies of any liability waiver forms you sign in their original state - it may seem implausible but with today's technology, it is all too easy to modify the forms after they have been signed - anyone with a scanner and Photoshop could do a quick job and there is much more advanced technology available to people who are serious. You should initial each page and keep copies of any rental agreement, mortgage document or other legal papers you sign, liability insurance is no different. If possible it is also a good idea to keep a hardcopy on your PC, especially if you move a lot and there's a chance you will misplace the papers. The release of liability often seems like a formality when the papers are being signed but if there comes a time when you want to make a claim, or need to defend one, waiver forms are just as important as the alleged fault and the amount of compensation being sought.

Commercial General Liability Insurance

If you have only one type of business insurance, it's more than likely commercial general liability insurance. This covers the four basic types of claims likely to be made against a business: bodily injury, property damage, personal injury (including slander or libel) and advertising injury. As well as covering these types of claims, commercial general liability policies usually cover the legal costs associated with defending or settling claims. The benefits of this cover is that the business is protected against financial loss which may occur when claims are made against the company in regards to damage caused to a second party by the company or its employees.

Defending a Claim

If you find someone bringing a liability claim against you, it's most likely that you already have a legal representative, so contact them. If you don't, you will most likely want to find one. Don't try to contact the plaintiff yourself and review their claim seriously. Does it have fair grounding? Are you really at fault? If you are, don't try to dodge the claim - it will go worse for you in court if you are seen to be trying to avoid a payout to someone who deserves it. All claims should be taken seriously - even if you successfully defend the action, the implications and reflections on your person and/or business can have a much further reach than the time frame of the legal action.