a waiver printed on an injured snowboarder's lift ticket, noting the public interest in ensuring ski hills design their jumps with safety in mind.
In other words, signing a waiver is taking a gamble with your legal rights. You might be able to wiggle out of it later, but you might be stuck with it. Either way, businesses may be hoping that a waiver will deter customers from even trying to sue if they get sick. And if businesses think they are legally bulletproof, they may take fewer health precautions.A waiver is like a contractual hot potato — you're passing a legal risk to someone else without really addressing the underlying danger. However, a contractual approach to safety hazards can fairly allocate legal risks with the goal of making everyone safer.
— what he called the "cheapest cost avoider." Some responsibility to manage infection fairly belongs with the customer, who can most easily prevent the spread of coronavirus to workers and others by staying home if they have symptoms or wearing a mask if they do not. And indeed, some of the waiver forms I reviewed contained reasonable language like this.
Other risks are beyond the customer's control, such as a store's sanitation practices or social distancing measures. The risks associated with adopting these types of health precautionsSo "assume the risk" language in a contract might be fair if the business also promises to adopt its own reasonable measures. A naked waiver that simply passes the buck to the customer is not.
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