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Can trampoline waiver forms prevent lawsuits?

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Quick Answer

Waiver forms for trampoline use or other potentially dangerous activities may help a business avoid losing a lawsuit or may discourage an injured person from filing a lawsuit, if the waiver meets certain conditions, according to Sadler Sports and Recreation Insurance. The language of the waiver must be in accordance with state law and not contain terms that violate public policies. Also, the waiver should state that the activity carries the risk of causing injury.

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A well-drafted waiver may result in a summary judgment dismissal of a lawsuit, which ends the litigation process early and reduces legal costs, explains Sadler Sports and Recreation Insurance. A waiver should provide two types of legal protection: the excusal of simple negligence on behalf of the business and the triggering of an assumption of risk defense under common law. The correct wording in a waiver shows that the business made clear the inherent risks of the activity and that the customer contractually agreed to participate while fully aware of these risks.

Laws regarding waivers vary from state to state, and some states allow participants to sue despite having signed a waiver, notes Sadler Sports and Recreation Insurance. Additionally, most states do not allow a parent or guardian to waive a child's right to sue for injury.

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