The Rec Center I occasionally swim at has starting blocks. I am aware that is a swim device that I am supposed to use once in awhile. The pool is very deep and used for daily swim team practice and some meets. Yet, there is always a bright yellow cone placed on the blocks during lap swimming hours. No one may use the starting blocks at this time. I find it irritating. No one could possibly get hurt unless they were especially idiotic. I guess they're worried about lawsuits. I saw someone doing backstroke starts once, but who wants to do those? This practice will discourage me from ever entering a non-OW event.
Waivers aren't worth the paper they are written on.
Geek:
I must respectfully disagree. This is just the insurance company perspective on waivers.
In fact, most written waivers are enforceable if they are well-drafted and if they comply with applicable state laws.
What waivers will not do, however, is insulate you from being sued, which is probably the genesis of your comment. No matter how airtight the waiver is, some idiot can still sue. If the waiver is well-drafted, the case could be gone a motion to dismiss or for summary judgment. If it's not well-drafted, or there is some obvious loophole, it is conceivable the case might go to a jury. Very unlikely. In fact, most valid waivers are enforced. They are just often enforced in court, unfortunately, after someone has been sued. So, from your perspective, they probably aren't any good because insurance companies are required to defend (or pay for the defense of) the insured (who holds the waiver) in court.
Another exception to the general rule that waivers are enforceable is where the entity/policy holder has behaved recklessly. This might vitiate the waiver. For example, every time we go to masters meets, we sign a waiver. The pool can enforce this waiver if we somehow manage to hurt ourselves on a starting block or elsewhere and the waiver will likely be upheld even if we sued. But, if the pool is reckless -- the lifeguard dumped too many chemicals in the pool or no one checked the starting blocks and they are loose or defective or if someone dumped glass in the pool -- then the pool owners may be liable for the ensuing damages.
Same thing applies when you go skiing, for example. (Granted, skiing is, by definition, more dangerous.) When you ski, you sign a waiver. You could decapitate yourself on the slopes, but the waiver will still be enforced. I think there may be state laws even that protect ski resorts and provide for the enforcement of waivers.
Bottom line: waivers are not worthless. They just don't protect you from being sued because a lot of idiots file completely meritless lawsuits. This is not the fault of lawyers; it is the litigious nature of our society.
Waivers aren't worth the paper they are written on.
Geek:
I must respectfully disagree. This is just the insurance company perspective on waivers.
In fact, most written waivers are enforceable if they are well-drafted and if they comply with applicable state laws.
What waivers will not do, however, is insulate you from being sued, which is probably the genesis of your comment. No matter how airtight the waiver is, some idiot can still sue. If the waiver is well-drafted, the case could be gone a motion to dismiss or for summary judgment. If it's not well-drafted, or there is some obvious loophole, it is conceivable the case might go to a jury. Very unlikely. In fact, most valid waivers are enforced. They are just often enforced in court, unfortunately, after someone has been sued. So, from your perspective, they probably aren't any good because insurance companies are required to defend (or pay for the defense of) the insured (who holds the waiver) in court.
Another exception to the general rule that waivers are enforceable is where the entity/policy holder has behaved recklessly. This might vitiate the waiver. For example, every time we go to masters meets, we sign a waiver. The pool can enforce this waiver if we somehow manage to hurt ourselves on a starting block or elsewhere and the waiver will likely be upheld even if we sued. But, if the pool is reckless -- the lifeguard dumped too many chemicals in the pool or no one checked the starting blocks and they are loose or defective or if someone dumped glass in the pool -- then the pool owners may be liable for the ensuing damages.
Same thing applies when you go skiing, for example. (Granted, skiing is, by definition, more dangerous.) When you ski, you sign a waiver. You could decapitate yourself on the slopes, but the waiver will still be enforced. I think there may be state laws even that protect ski resorts and provide for the enforcement of waivers.
Bottom line: waivers are not worthless. They just don't protect you from being sued because a lot of idiots file completely meritless lawsuits. This is not the fault of lawyers; it is the litigious nature of our society.
