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waiver



scotmanster@gmail.com
3/3/2008 7:03:09 PM


Hello was looking to hire someone for odd jobs but would like to cover
my own rear incase they injure themselves. Is it legal for me to have
them sign a waiver? Waiver would state that the landowner can not be
sued under any circumstances. Is their come template I could go on im
not good with all the legal terms?
The way I look at it I worked my whole life to get what I own I dont
need any sue happy kid trying to take that away. I would do the work
myself but Im disabled.
 
 
sethb@panix.com (Seth)
3/4/2008 3:51:34 AM


In article <6b9431f5-2968-45c4-b7ce-02361929ee95@p73g2000hsd.googlegroups.com>,
<scotmanster@gmail.com> wrote:
Hello was looking to hire someone for odd jobs but would like to cover
my own rear incase they injure themselves. Is it legal for me to have
them sign a waiver? Waiver would state that the landowner can not be
sued under any circumstances. Is their come template I could go on im
not good with all the legal terms?
Get insurance. You could get a waiver, and he (or his heirs) could
sue you anyway.
Seth
 
 
"McGyver"
3/4/2008 2:47:48 PM




<scotmanster@gmail.com> wrote in message
news:6b9431f5-2968-45c4-b7ce-02361929ee95@p73g2000hsd.googlegroups.com...

Hello was looking to hire someone for odd jobs but would like to cover
my own rear incase they injure themselves. Is it legal for me to have
them sign a waiver? Waiver would state that the landowner can not be
sued under any circumstances. Is their come template I could go on im
not good with all the legal terms?
The way I look at it I worked my whole life to get what I own I dont
need any sue happy kid trying to take that away. I would do the work
myself but Im disabled.
As Seth said, a waiver won't prevent the lawsuit, and you should have
homeowner's insurance. That's true even if you never invite an odd jobs
person in. But the answer to your question is that a waiver would be legal
if it doesn't go to far. It would not be enforceable if it says you cannot
be sued under any circumstances. If the waiver covers only premises
liability and negligence and doesn't go so far as to say you are not liable
for your intentional act or gross negligence, then it's legal and
enforceable.
But don't try to use a template. The court might be looking carefully for
holes in it because they might be thinking that justice lies in that
direction. Either have a personal injury attorney provide it or get it from
your insurance company. That reminds me; this waiver, if you go ahead with
it, should be in addition to homeowners insurance, not instead of.
Insurance companies are really good at drafting releases.
This answer must not be relied on as legal advice for the reasons posted
here: http://mcgyverdisclaimer.blogspot.com . And I am not your attorney.
McGyver
 
 
scotmanster@gmail.com
3/9/2008 5:36:29 PM


On Mar 4, 9:47 am, "McGyver" <Greyp...@msn.com> wrote:


<scotmans...@gmail.com> wrote in message
news:6b9431f5-2968-45c4-b7ce-02361929ee95@p73g2000hsd.googlegroups.com...

As Seth said, awaiverwon't prevent the lawsuit, and you should have
homeowner's insurance. That's true even if you never invite an odd jobs
person in. But the answer to your question is that awaiverwould be legal
if it doesn't go to far. It would not be enforceable if it says you cannot
be sued under any circumstances. If thewaivercovers only premises
liability and negligence and doesn't go so far as to say you are not liable
for your intentional act or gross negligence, then it's legal and
enforceable.
But don't try to use a template. The court might be looking carefully for
holes in it because they might be thinking that justice lies in that
direction. Either have a personal injury attorney provide it or get it from
your insurance company. That reminds me; thiswaiver, if you go ahead with
it, should be in addition to homeowners insurance, not instead of.
Insurance companies are really good at drafting releases.
This answer must not be relied on as legal advice for the reasons posted
here: http://mcgyverdisclaimer.blogspot.com. And I am not your attorney.
McGyver
Alright thanks all I will just have my home owners insurance company
write it up.
 
 
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