Insist on a signed waiver
Lawsuits, even if you win, are expensive.
written by Fred Ginsburg
If you are the Trail Leader on any run, be it club sanctioned or just an impromptu “fun run” with a handful of jeeps – insist that all participants (including passengers) sign a written waiver just before the start of the run.
Not only do written and signed waivers provide you with a modicum of protection against liability for any events that may occur during your run, but they are also your immediate source for emergency contact information and crucial medical condition“alerts” that first responders need to be aware of.
Although most offroad clubs and regional events routinely require all attendees to submit these forms at drivers meetings, there are some Facebook groups who overlook this step.
Their claim is that everyone clicked on a box when they joined the group, thus agreeing to the conditions of the online waiver. Sorry to inform you all, but that gesture will probably be readily challenged and shredded by any semi-competent attorney.
“Who actually joined the Facebook group? Can you verify that the plaintiff personally agreed to these conditions?”
“Do you have a printout of the actual digital consent that you claim the plaintiff personally read and signed? Just showing that Facebook added them to your online chat group as a member or follower does not prove that they signed a waiver. Displaying to the court that a waiver currently is part of the signup process does not prove that the same wording was online at the time our client joined Facebook.”
The burden of proof for the defendant would be enormous. And even if you did maintain exemplary digital evidence, that would only apply to the Facebook member and not to any passengers who did not sign the waiver.
There are way too many obvious loopholes.
Lawsuits are never inexpensive. Accident attorneys may agree to represent a plaintiff or “victim” on a contingency fee basis in hopes of sharing a large slice of the settlement. But the defense attorney has nothing to gain, so they will want a retainer up front and hourly fees along the way. It is unlikely that they will waive their fees in hope of a profitable counter-suit or the court ruling that the plaintiff is responsible for reimbursement of legal costs.
A signed waiver is a contractual agreement that all participants are aware of inherent risks and hold harmless the Trail Leader, organizers, and club officers. The offroaders on your run have read the paragraphs and personally signed away their right to hold you liable.
True, even with a signed waiver, they still have the right to sue you. But having that legal document in your defense gives your case much better odds of winning.
Final note: I am not a lawyer but I have watched a lot of TV. So this article is NOT to be construed as legal advice; and you are encouraged to speak to a licensed attorney regarding liability and waivers.
