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  1. #1
    Join Date
    Jun 2017
    Posts
    13

    Default Will Signing a Release Prevent a Personal Injury Suit

    My friend who is an amateur bicyclist participated in a bicycle race conducted by a company I"'ll call "A". During the race, my friend was hit by an automobile. He claims that employees of "A" improperly allowed the car onto the course. "A" claims that it cannot be held liable to my friend because he signed a release exculpating "A" from any personal injury resulting from his participation in the race. Is the exculpatory clause effective?

  2. #2
    Join Date
    Mar 2013
    Posts
    13,913

    Default Re: Is the Exculpatory Clause Effective in My Friends Case

    A waiver like that would not necessarily absolve "A" from its own negligence.

    However, "claiming" that "A" was negligent is meaningless unless and until your friend can PROVE, in court, that "A" was negligent and that the waiver shouldn't apply.

    Meantime, how is your friend doing against the car owner?

    Or is this just another one of your hypothetical homework assignments?

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    94,373

    Default Re: Will Signing a Release Prevent a Personal Injury Suit

    For us comment in a meaningful way, you would need to follow the instruction to identify the state where this occurred, provide the release language, and tell us exactly how the accident occurred.

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