Full question:
I'm starting a non-medical at home elder care-giving business. If I transport clients to their doctor's appointment could I have them sign a waiver of liability not to hold me responsible if there would be an accident?
- Category: Misc
- Date:
- State: National
Answer:
A release generally gives up the signing party's (the releasor's) right to sue the person or entity requesting the release (the releasee). The terms of the release document govern the scope of actions that the released party is immune from liability for. In general, a release obtained by fraud is invalid. In most instances, a release for intentional wrongdoing or willful and wanton misconduct will not be enforced.
In Ohio, an owner of a business offering a recreational activity may have a participant in that activity sign a waiver of liability that relieves the owner of a negligent act unless that act constitutes wanton or willful misconduct. Waivers are more likely to be upheld when there is an advantage to the person signing the waiver, they are acting knowingly and without duress. For example, if it was an emergency situation, where a waiver must be signed before receiving transportation to critical care, it would be less likely to be enforced. Also, if a person is elderly, they must have the mental capacity to understand the consequences of his/her actions that are involved in signinig a waiver of liability.
I suggest having an attorney review any documentation.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.