Disclaimers May Not Be Effective

Michael Myers

Attorney
(866) 735-1102 Ext 580

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Recreational facilities - including ski resorts - the attempt to limit their liability for injuries. For instance, they frequently utilize disclaimers. Disclaimers are usually included in fine print on their tickets. This fine print typically says the facility will not be liable for an injury suffered by a patron.

Many courts, however, have held that these limitations of liability are unenforceable. Even if they are held to be enforceable, it is possible that the injured persons may have claims against third parties who are not covered by the limitations of liability terms.

For instance, if one skier is struck another skier at a resort, he may be precluded from suing the resort directly but may have a claim against the skier who struck him. (The downhill skier is always favored in collision cases.)

It is interesting to note that claims against third parties in many recreational situations will be covered by third parties' such as renters' or homeowners' insurance.

If you have been injured as a result of someone else's negligence, it makes sense to consult with a personal injury attorney. There may be more avenues to recovery than you first might have thought.