YOU AND THE LAW SPORTS LIABILITY WAIVERS NOT ALWAYS EFFECTIVE So you want to go kayaking, river rafting, mountain biking or snowmobiling? To participate, you usually have to sign a waiver of liability. They're intended to shield the operator from liability - and they often try to protect the operator even if it or its enmployees are negligent. But do liability waivers work? That depends In another case, however, the outcome was different. Two women, hurt in a ziplining accident in Whistler, lost their lawsuit because they signed such a waiver One woman, 26, was sent down the line too soon and crashed into the other woman, 41, who was still hanging from the zipline. This was due to the negligence of the operator's employees (for which the zipline operator was responsible). In a recent case, a young man (let's call him Barry) was injured in a jiu-jitsu competition in North Vancouver He started a law suit against his instructor and the competition organizers, claiming they were negligent. The two women claimed the waiver document they signed was unconscionable and shouldn't be upheld in court The defendants' first line of defence was that Barry had signed a couple of liability waivers. But the B.C. Supreme Court said "no to that argument. It wouldn't toss out or dismiss Barry's claim simply on that basis. A liability waiver is a legal contract between the participant and the organization providing the sports activity. But the waiver's effect is restricted to the context in which you're required to sign it. So the court had to first decide if the waivers applied in the particular circumstances But the B.C. Court of Appeal noted that both women knew they were signing a legal document affecting their legal rights. One ran a kickboxing/fitness operation where she herself asked participants to sign liability waivers. The other younger woman had just finished law school. The women were told they had to sign the waiver to go ziplining, and they were given enough time to read it. The court decided it wasn't unconscionable for the ziplining outfit to insist on the waiver, and there weren't enough public policy reasons to set it aside. Because waivers are so tough you are giving up your rights-courts interpret them strictly Here, Barry signed the first liability waiver as part of his membership agreement to take jiu-jitsu classes. He signed it many months before the competition he was injured in, and the waiver's terms didn't speak to the competition, only to taking classes. So it didn't shield the defendants. Consult your lawyer if injured in an accident even if you signed a waiver- you may still be entitled to compensation. The defendants claimed he also signed a second liability waiver. But they were not sure what it said and couldn't show the court the actual terms of what hed signed. This meant they couldn't prove that the document insulated them from liability This column provides information only and must not be relied on for legal advice. Please call Marvin Geekie at 250-861-5678 (for your free, no obligation, initial consultation) Written by Janice and George Mucalor, L.B.s with contribution by Marvin Geekie. "You and the Lau" is a registered trademark. OJanice and George Mucalov. So Barry's lawsuit for his knee injury was allowed to go forward despite the liability waivers. MARVIN GEEKIE DAVID YEREMA sw SalloumWatts Personal injury Law 200 1455 Ellis Street Kelowna, BC, V1Y 2A3 Ph: (250) 861-5678 ext.111 mgeekie@swylaw.com, www.salloumwatts.com YOU AND THE LAW SPORTS LIABILITY WAIVERS NOT ALWAYS EFFECTIVE So you want to go kayaking, river rafting, mountain biking or snowmobiling? To participate, you usually have to sign a waiver of liability. They're intended to shield the operator from liability - and they often try to protect the operator even if it or its enmployees are negligent. But do liability waivers work? That depends In another case, however, the outcome was different. Two women, hurt in a ziplining accident in Whistler, lost their lawsuit because they signed such a waiver One woman, 26, was sent down the line too soon and crashed into the other woman, 41, who was still hanging from the zipline. This was due to the negligence of the operator's employees (for which the zipline operator was responsible). In a recent case, a young man (let's call him Barry) was injured in a jiu-jitsu competition in North Vancouver He started a law suit against his instructor and the competition organizers, claiming they were negligent. The two women claimed the waiver document they signed was unconscionable and shouldn't be upheld in court The defendants' first line of defence was that Barry had signed a couple of liability waivers. But the B.C. Supreme Court said "no to that argument. It wouldn't toss out or dismiss Barry's claim simply on that basis. A liability waiver is a legal contract between the participant and the organization providing the sports activity. But the waiver's effect is restricted to the context in which you're required to sign it. So the court had to first decide if the waivers applied in the particular circumstances But the B.C. Court of Appeal noted that both women knew they were signing a legal document affecting their legal rights. One ran a kickboxing/fitness operation where she herself asked participants to sign liability waivers. The other younger woman had just finished law school. The women were told they had to sign the waiver to go ziplining, and they were given enough time to read it. The court decided it wasn't unconscionable for the ziplining outfit to insist on the waiver, and there weren't enough public policy reasons to set it aside. Because waivers are so tough you are giving up your rights-courts interpret them strictly Here, Barry signed the first liability waiver as part of his membership agreement to take jiu-jitsu classes. He signed it many months before the competition he was injured in, and the waiver's terms didn't speak to the competition, only to taking classes. So it didn't shield the defendants. Consult your lawyer if injured in an accident even if you signed a waiver- you may still be entitled to compensation. The defendants claimed he also signed a second liability waiver. But they were not sure what it said and couldn't show the court the actual terms of what hed signed. This meant they couldn't prove that the document insulated them from liability This column provides information only and must not be relied on for legal advice. Please call Marvin Geekie at 250-861-5678 (for your free, no obligation, initial consultation) Written by Janice and George Mucalor, L.B.s with contribution by Marvin Geekie. "You and the Lau" is a registered trademark. OJanice and George Mucalov. So Barry's lawsuit for his knee injury was allowed to go forward despite the liability waivers. MARVIN GEEKIE DAVID YEREMA sw SalloumWatts Personal injury Law 200 1455 Ellis Street Kelowna, BC, V1Y 2A3 Ph: (250) 861-5678 ext.111 mgeekie@swylaw.com, www.salloumwatts.com