Date: Wed, 29 Nov 2006 09:07:42

From: Michael Jones

Subject: Excluding / waiving liability for negligence

Does anyone know whether a waiver of liability or an exclusion of liability for negligence causing personal injury or death would be upheld in California, and if so, does a waiver by a parent bind a minor?

In England we have had the Unfair Contract Terms Act 1977 for almost 30 years prohibiting the exclusion of liability for death or personal injury as a result of negligence in the case of “business liability” (private individuals can exclude liability, but in practice most don’t even think about it). Of course, there is nothing to stop businesses purporting to exclude liability, which may deter some claimants, but such clauses or notices would not survive challenge in court.

Many thanks.

Michael

-------------------------------------
Michael A. Jones
Professor of Common Law
Liverpool Law School
University of Liverpool
Liverpool
L69 3BX

Phone: (0)151 794 2821
Fax: (0)151 794 2829

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