Here are the main two kickers in the entire article, in my opinion: Disclaimers and Waivers are frequently enforced in economic damage cases; i.e., when they involve breach-of-contract or breach-of-warranty issues. Exculpatory agreements are much more strictly construed when personal injury or death is involved. The following is a partial list of considerations relevant to whether such exculpatory agreements may be upheld by some courts:
1. Most states will not allow a spouse to sign away their husband's or wife's rights to sue for wrongful death. Your estate through remainder beneficiaries (wrong terminology but I do a lot of estate work) will retain standing. 2. Many courts will not honor these agreements if the negligent actions of a party also constitute violations of law, because while a private party may agree to release you from your own negligence, the courts have an interest in penalizing violations of the law. This is the biggy. As I said before, most courts will not allow you, as a matter of public policy, to waive negligence. While exculpatory agreements seek to reduce or eliminate enforcable culpability, judicial culpability is in the eyes of a "friendly court". Just don't live and fly with one hand shaking and another on your wallet. Dana Overall Richmond, KY RV-7 slider/fuselage http://rvflying.tripod.com do not archive _________________________________________________________________ STOP MORE SPAM with the new MSN 8 and get 2 months FREE* http://join.msn.com/?page=features/junkmail
