I took a friend to park, paid and tickets signed a Voucher Receipt and Park Conditions”. I did not, but had he read this form, he would have notice that it contained a general exclusion clause, fully disclaiming legal liability for any injury or loss to Park visitors.
My friend was injured when a wooden post fell onto his shoulder.
i wonder whether the exclusion clause will provide an effective defence against his action in negligence against the Park.
2007-06-01 21:29:39 · 3 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
No. A company or organization claiming to have "no liability" does not make them not liable. Your friend has a cause for action, if he was injured. The amount of damages can vary greatly depending of the element of negligence or gross negligence and the severity of the injury. Tell him to get a lawyer specializing in personal injury. Good luck, which you always need when dealing with lawyers.
2007-06-01 21:37:09 · answer #1 · answered by lcmcpa 7 · 3⤊ 0⤋
Often at point of entry you pay and then they give you a receipt with conditions plastered all over the back. I think it is too late then to offer conditions of entry as the contract for entry has already been agreed.
Anyway, the tort of negligence gives rise to a claim outside the contract... so I think it should still stand as a cause of action despite the blurb written on the receipt. You will need a lawyer... though so the injury needs to be substantial to be worth pursuing.
2007-06-02 00:21:58 · answer #2 · answered by Icy Gazpacho 6 · 0⤊ 0⤋
Non liability does not give one company a free will of any accidents caused by their facilities. According to the law it is unlawful to give the person all the payments of the accident. The company and the person who was injured shall talk about on how the company shall help the injured person.
2007-06-01 21:49:45 · answer #3 · answered by chick0 2 · 0⤊ 0⤋