Here's a scenerio (feel free if you aren't into law, to put in an opinion:
At our high school we are given slips of paper to sign that say "By signing this, you agree to ride the bus for the field trip and you waive all liability to the school in case of an accident." My parents would always add "as long as the driver is not at fault". So let's say that my parents sign one of those forms and the driver gets in an accident where he was at fault and I was injured. Would I be able to sue the school or would the waiver of liability still apply?
2007-04-21 17:19:29 · 4 answers · asked by veolapaul 5 in Politics & Government ➔ Law & Ethics
The waiver with or without the handwritten addendum would not be binding if negligence were involved. That could be an incompetent driver, an unmaintained bus, etc.
2007-04-21 17:29:00 · answer #1 · answered by lcmcpa 7 · 2⤊ 0⤋
You an always sue if someone is at fault, if someone does not do proper maintance to the bus.
The liability wavier most likely will not hold up if there is a accident, But this is a matter that will go in one case and not in another law suit.
2007-04-21 17:29:32 · answer #2 · answered by Anonymous · 0⤊ 0⤋
You'd be able to sue anyway. Those forms really don't mean anything because it is an unconscionable agreement. Public policy goes against it, as does the common law. You can ONLY be limited in the amount you sue for (and that is almost always done by statute).
2007-04-21 17:23:57 · answer #3 · answered by cyanne2ak 7 · 0⤊ 0⤋
It depends. Waivers typically don't count if there's really bad negligence or recklessness where your life was being endangered.
Generally, unless the school did something like allowing the driver to drive knowing he was drunk or they failed to repair the suspension knowing it was about to break, you can't sue them.
If the driver was at fault, there's nothing that says you can't sue him personally.
2007-04-21 17:24:48 · answer #4 · answered by Gonzo Rationalism 5 · 0⤊ 0⤋