Release of liabiity form to be used next to handyman / contractor?
We are a non-profit and need installation services from a handyman who is not bonded, not licensed, not insured. He is feeling like to sign a waiver before he does the repairs.
Does anyone have a intelligible, clear, simple, but comprehensive waiver that works in the state of California?
appreciation!
x
D-J in Los Angeles
Answers: Enforceability of Releases
Liability releases are govern by state law. There are a few principles that are roughly observed by each state.
Minors cannot release liability. Depending upon the contract age of majority surrounded by your state, releases cannot be enforced against those under the allowed contract age. Parents and guardians may release liability on behalf of the minor - other adults may not.
Patrons can release ordinary negligence claims. Patrons can still sue for gross negligence and intentional torts.
Written release speaking going beyond what state law allows contained by written releases is unenforceable - even if signed by the patron. In some cases, it can negated the entire release.
All blank lines must be filled within. All information must be accurate. The release must be read, understood, and purposely signed by the patron.
The generous donor must be able to work out the release. If applicable, have voluminous print releases available, braille releases, foreign language releases (especially, Spanish), for your patrons.
Written releases of liability are unanimously enforceable and can serve as a powerful defense to personal injury claims.
Do not use form book releases or Internet releases. I can write a separate article on why you should have a legal representative draft documents instead of relying on how-to books and Internet sources. Let me summarize:
Release language is state specific. How-to books and Internet sources typically do not properly address state directive. The cost of having a polite release drafted by an attorney is minuscule compared to the cost of a potential liability claim.
You have no recourse against Internet sources. Lawyers are bound by their state license, ethical requirements, and their own malpractice insurance to provide competent representation.
No, not a soul has a waiver that works. That's because regardless of doesn`t matter what he signs, YOU are still on the hook for anything he does, if he doesn't have any insuance.
You can't "opt out" of the financial responsibility law. You can't "waive" your legal rights. If he falls and breaks a leg, and have no workers comp or disability, YOU are responsible for providing him with adjectives medical bills, lost wages, and disability benefits required by law. Even if you don't enjoy a policy to cover it.
If HE damages the neighbor next door's property, while working for you, YOU are responsible to money for it.
An uninsured subcontractor, well, the responsibility for their broad liability and workers comp goes to the creature hiring them. And YOU can't opt out. He can sign anything in the entire world, and no court is going to uphold that piece of weekly - it's against public interest, and contrary to the established law contained by all fifty states.