More Attacks on Tort System(2)

Joe Stanley
Joe Stanley
Contributor
Posted by Joe StanleyJuly 23, 2007 10:01 AM

The california supreme court recently clarified the rules regarding the waiver of your rights when involved in various activities. The court ruled that the so called waiver cannot apply to so called gross or great negligence situations.This decision has generated immediate commenthttp://www.latimes.com/news/opinion/letters/la-le-monday23.6jul23,0,4183080.story?coll=la-news-comment-lettersunfortunately these comments are way off base. People forget that these waivers are forced upon participants in fact you have no choice. These waivers even apply when you pay for a service. The critics also do not understand what gross negligence is and how difficult it is to prove.Fortunately in NY waivers of this type are governed by statutes and not generally allowed in any payment situation.

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