A common defense to an injury liability claim is to assert that the property owner has waived or disclaimed his or her rights under the law. Personal injury lawyer in Edmonton knows that this can be done through a waiver or disclaimer in writing, oral statements made by the property owner, oral statements made by someone authorized by them (such as an agent or employee), or other circumstances where there is clear evidence that a person knowingly relinquished their right to sue. However, this defense may not protect you if:
Common Exculpatory Clauses
An exculpatory clause is a clause that provides protection for property owners from injury liability. It can be found in contracts, leases and other legal documents. A release is a document that releases you from your financial obligations under the terms of a contract or lease.
The most common release clauses include:
“The property owner agrees to indemnify and hold harmless the landlord, its agents and employees against all claims resulting from any injury to person or property caused by the negligence of said owner.”
“The tenant agrees not to sue me with respect to any injuries caused by my negligence.”
Residential or Commercial Leases
The lease is a contract. It’s a contract between the tenant and the landlord, but it also covers other parties as well. For example, if you are renting out your house and want to be sure that no one will sue for injury on your property due to old age or wear and tear, then you can make sure there is an indemnity clause in your lease agreement so that no one can make such claims against you after their stay has ended.
Recreational areas
Recreational areas differ from other types of land because they do not have any specific purpose or use (for example: commercial businesses). Instead, they are designed with the sole purpose of providing a place where people can relax and enjoy themselves.
Gyms
Gyms are a dangerous place to be. People are not always careful, and gyms need to protect themselves from liability for injuries that occur on the premises. The best way for a gym to do this is by using disclaimers and waivers with each membership agreement.
Do These Clauses Really Protect the Property Owner?
It’s important to remember that the property owner has the most bargaining power. It’s also in their best interest to protect themselves against injury liability, since they would have to pay for any injuries caused by someone trespassing on their land.
In addition, if you are the one who is injured while on someone else’s property—even if it was your own—you will be responsible for covering any costs associated with treatment at a hospital or doctor’s office.
Bargaining power
The extent to which the parties are on equal footing.
The extent to which the parties have equal bargaining power.
Public policy
Not all waivers are enforceable. If a waiver is against public policy, it may be void and unenforceable. The courts will not enforce an agreement that waives or limits liability for injury unless the waiver meets certain requirements.
Conspicuous
The language you use to disclaim liability must be conspicuous and concise. In other words, it must be placed in a location where it is easy for everyone to see and understand. You can’t say “we do not accept liability” on your website if you only have one page dedicated to that information—conspicuous disclaimers need to be spread across multiple pages of your site so that the reader knows exactly what they’re getting into when they read through all of them.
Scope of the release
The scope of your release must be clear and unambiguous. It’s best to avoid broad language, such as “all claims,” or “all injuries.” Instead, focus on what you are releasing.