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Consumer Concerns and Advice Recent UpdatesJuly 30, 2008 June 18, 2008 June 13, 2008 June 11, 2008 May 27, 2008 Archives
May, 2008 Web ResourcesChalat Hatten & Koupal PC
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Posted by: Linda Chalat
When Waivers Don't WorkThis past week, a ruling by the Colorado Court of Appeals demonstrated that a waiver will not always protect officials, in this instance an umpire at a little league baseball game, from the consequences of their own wanton disregard for the safety of participants. During a junior baseball league game, a 10-year-old was hit by a flying baseball bat as he stood in the on-deck circle waiting to bat. The bat shattered five of his permanent teeth and cut his upper lip. The bat had been thrown an umpire, who was clearing it from the field so a player running from third to home wouldn't trip over it. The league said neither it nor the umpire had any liability because the father of the injured boy had signed a waiver releasing the league from any claims of negligence or injury to his son. The district court judge agreed and dismissed the lawsuit before it went to trial. But the Colorado Court of Appeals reversed the trial judge on Thursday and said the case should proceed to trial, noting that Colorado law specifically says that such waivers don't exempt those who act in grossly negligent or willful or wanton ways. Lessons From the Little LeagueThe lessons to be learned from the little league case are:
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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. | |
When handed a waiver, typically at the last moment, many folks quickly sign without contemplating the consequences. Some assume the courts will not enforce the prohibition against filing a claim, but this is only the case when specific circumstances arise.