Federal Judge Tosses Out Waiver

Mark McLean

Contributor

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A Federal District Court Judge in Florida recently issued an opinion holding liability waivers invalid when they are applied to conduct which violates certain safety statutes. The Court held:

"It would be against public policy to enforce contract clauses purporting to exempt liveries from liability for violating these [safety] statutes...the provisions are invalid as against public policy when applied to liability arising from violation of these statutes." Tassinari v. Key West Water Tours, L.C., Slip Copy, 2007 WL 1879172, *5 (S.D.Fla.,2007).

Many people mistakenly decide not to press their personal injury claims because they believe that a liability waiver they signed precludes them from bringing them. This is often times not the case. Liability waivers can be and often are thrown out by Courts for a number of different reasons. Experienced attorneys can determine whether you can maneuver around any liability waiver that might preclude an otherwise valid personal injury claim.