7247RE: [Adria-Umbria] Steel Donations/Loans Requested
- Jan 24, 2014
While it varies somewhat by state, in California, at least, a contractual waiver is generally effective up to the point of gross negligence or intentional harm. The waiver does not impact the right of the injured party to sue, but it serves as a defense for the organization.
Clumsy Claudette signs a waiver and stumbles out onto the combat field in borrowed armor.
Clumsy Claudette is injured due to negligently maintained armor that failed to protect.
Clumsy Claudette files a suit in the relevant court.
Adria responds to the lawsuit and asserts the waiver as a defense.
Court (hopefully) says “Yep, you waived your right to sue, Defendant’s motion is sustained, case over.”
Although often it would be Clumsy Claudette hiring a lawyer who makes a demand to which Adria responds by sending him a copy of the waiver and he tells Claudette she’s going to lose the case and it never goes to court.
The worst case would be protracted legal wrangling in an attempt to get around the waiver that eventually succeeds.
(not a lawyer, this isn’t advice) ~Cagar
While it is true a waiver could be signed (and should be) -- no waiver can take away a person's rights (i.e., if an injury should occur (great gods forbid it) it is entirely possible if a legal claim were made for say medical bills to be paid for, then the Kingdom and/or the person(s) whose armour it is/was could be named in such a request).
Just a couple of pence from me.
Kate, Comtesse de Morte
On Fri, Jan 17, 2014 at 6:33 PM, <fafnir187@...> wrote:
While I appreciate the concern regarding liability, I have spoken with TRM's and obtained their approval before working toward making this project a reality, and will proceed forward with their blessing. In all cases a waiver will be signed.
So...who's willing to donate what? :)
Sir Fafnir Hallgrim
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