Post by
Alfador »
https://forums.nicoclub.com/alfador-u28926.html
Mon Nov 15, 2010 1:47 pm
Waivers almost always apply ONLY to things completely outside the entity's control, and often not even then. It's all bailment law. Once someone voluntarily assumes custodianship, they are taking responsibility for its safe and intact return. It's actually been held up in courts that a valet company is responsible, even if the valets didn't do it, because they actually took possession of the vehicle. In a self-park garage on the other hand, it's usually more likely to be valid, but if they commit to something (like say a live security guard) and then don't follow through (guard is asleep or left his post when thieves come) it could easily tip it back in your favor again. It depends on the state/city but fine print is worth jack s*** if what it describes amounts to an invalid/illegal contract. I can trick someone into signing a piece of paper that says they want to give me $500 because I'm such a nice guy, but it is invalid because there is no consideration on their part.
Some areas are specifically allowed though. In most states it is specifically allowed that people waive liability with informed consent in knowingly dangerous or unpredictable situations, such as dealing with live animals or something that is supposed to be dangerous like whitewater rafting for example.
As for these people, even if they are entitled to compensation, and I'm not saying they are, they're a bunch of whiny wussbags. Funny thing is, on most cruise lines, due to the Death on the High Seas act, the cruise lines are better off financially if you die than if you just get hurt. I'd like for some of these spoiled wastes of air to tell the Chilean miners they had it rough, or anyone who was in an actual disaster. We had the same problem here in MA when a freaking water main broke. It left multiple towns without water so the numbnuts declared a state of emergency, sicked the attorney general on convenience stores for "price gouging" bottled water (at less than their normal price of $1.50 a bottle, mind you), and used state money to buy his reelection by telling us it was all gonna be alright. Those of us that weren't lazy needy jackasses just boiled water for a few days.