Signed Waiver Required

paul4green

I've been hearing the ad for Jumpzone, a trampoline park in Sandyford Industrial Estate lately. It mentions a "signed waiver required".

Just wondering how this would stand up in a court of law. Can you really waive you rights even if you are caused serious injury here? I'm assuming a trampoline park isn't the safest place in the world. Would you have to prove that any such accident was their fault? Seems very obscure to me really.

coylemj

OP, it might have helped to include this link for the benefit of people who wanted to read the actual waiver...

http://jumpzone.ie/waiver/

I don't think there's any legal problem with an adult signing off on risk acceptance, I'm not sure if an adult has the right to waive the right to pursue an action for negligence on behalf of a minor.

However there are dozens of companies hiring out bouncy castles for family parties and they seem to survive, I'm not sure if they have good insurance or if the householder signs a disclaimer to accept responsibility for his neighbour's children or how that situation works.

In the case of Jumpzone, would this clause stand up if the child decided to sue by a parent other than the one who signed the waiver.....

I acknowledge and accept that this Form may be pleaded as a bar to any action or proceedings taken by me and/ or the child(ren) at any time against Jump Zone arising out of or in connection with my and/or the child(ren) ‘s participation in the Activity.

camphor

It all comes down to the cause of the injury. Taking part in some activities carries an inherent risk of injury. E.G playing football carries risk of injury. If you take part in an activity knowing there is a risk you can't subsequently try to make someone liable.
If you are injured through negligence you may have a claim. E.g. if the crossbar fell on your head in a football game due to the negligence of whoever provided it you could make a successful claim. If the ball when played by another player hits your nose and breaks in the ordinary course of play you would not be able to make a successful claim.
It is not possible to contract out of liability for personal injury due to negligence. It is possible to bring hazards to a persons attention and thus raise a plea of volenti non fit injuria and defeat a claim arising out of an inherent risk in an activity.

paul4green

Sorry yeah I should have included a link, but to be honest I only heard it on the radio and was unaware they had a website.

What if you could prove negligence on their behalf? surely that isn't covered by a legal waiver? The minor point you made is a good one. Suppose it's pretty open ended until a case is brought before the courts, no?

camphor

paul4green wrote: »

Sorry yeah I should have included a link, but to be honest I only heard it on the radio and was unaware they had a website.

What if you could prove negligence on their behalf? surely that isn't covered by a legal waiver? The minor point you made is a good one. Suppose it's pretty open ended until a case is brought before the courts, no?

There have been many cases. The law is quite clear.

coylemj

camphor wrote: »

There have been many cases. The law is quite clear.

I think this forum is followed by a lot of people like me who are not members of the legal profession, maybe you'd guide us as to the current situation.

paul4green

coylemj wrote: »

I think this forum is followed by a lot of people like me who are not members of the legal profession, maybe you'd guide us as to the current situation.

This is true, I'm a Scientist like. Just find Law very interesting.

fsfg

I don't think you need to be in the legal profession (I'm not but am involved with injury claims)

They are just showing everyone understands the risks of injury by taking part. If they fail to make it safe (as in defective or poorly designed/made) then the waiver wouldn't come into play.

camphor

coylemj wrote: »

I think this forum is followed by a lot of people like me who are not members of the legal profession, maybe you'd guide us as to the current situation.

Here is a recent example of an occupier not being held liable for an injury.

http://www.irishtimes.com/news/woman-who-sued-over-arm-injuries-suffered-in-copper-face-jacks-loses-high-court-action-1.1447087

coylemj

camphor wrote: »

Here is a recent example of an occupier not being held liable for an injury.

http://www.irishtimes.com/news/woman-who-sued-over-arm-injuries-suffered-in-copper-face-jacks-loses-high-court-action-1.1447087

That's fair enough, she was an adult, understood the risks and could make a balanced decision. And some would say that she was half-pissed anyway so hadn't a legal or physical leg to stand on :rolleyes:

The issue I was trying to tease out is this: Can an adult (by proxy) sign away the rights of a minor by signing a waiver to the operator of an childrens' activity centre?

camphor

coylemj wrote: »

That's fair enough, she was an adult, understood the risks and could make a balanced decision. And some would say that she was half-pissed anyway so hadn't a legal or physical leg to stand on :rolleyes:

The issue I was trying to tease out is this: Can an adult (by proxy) sign away the rights of a minor by signing a waiver to the operator of an childrens' activity centre?

The simple answer is no. The adult is not the agent of the child. Proprietors of venues offering some types of activity insist that a child is only allowed in or participate in an activity if accompanied by an adult. In that way the adult assumes responsibility for the child.