What is a Released Person? A Comprehensive Legal Overview

Definition & Meaning

A "released person" refers to an individual or entity that would normally be held responsible for damages related to personal injuries or property harm but has been legally discharged from that responsibility. This concept is often encountered in legal contexts involving settlements or agreements where a claimant agrees not to pursue further claims against the released person.

Table of content

Real-world examples

Here are a couple of examples of abatement:

Example 1: A driver involved in a car accident agrees to settle with the other party for medical expenses. As part of the settlement, the injured party signs a release, discharging the driver from any further claims related to the accident.

Example 2: A property owner settles a lawsuit with a tenant who was injured on their property. The tenant signs a release, preventing them from suing the owner for any future claims related to that incident. (hypothetical example)

State-by-state differences

State Notes
California California law allows for broad releases in personal injury cases, provided they are clear and unambiguous.
New York In New York, releases must be signed and may require specific language to be enforceable.
Texas Texas law requires that a release must be supported by consideration, such as a payment or other benefit.

This is not a complete list. State laws vary, and users should consult local rules for specific guidance.

Comparison with related terms

Term Definition Key Difference
Settling Party A party that agrees to resolve a dispute, often through compensation. A released person is specifically discharged from liability, while a settling party may still have obligations.
Liable Party A person or entity legally responsible for damages or injury. A released person is no longer liable due to the release agreement.

What to do if this term applies to you

If you are involved in a situation where a release may apply, it is essential to:

  • Carefully review any release agreement before signing.
  • Consider consulting a legal professional to understand the implications of the release.
  • Explore US Legal Forms for templates that can guide you in drafting or reviewing release agreements.

Quick facts

  • Typical use: Personal injury settlements
  • Jurisdiction: Varies by state
  • Possible penalties: None, but signing without understanding can lead to loss of rights

Key takeaways

Frequently asked questions

A release agreement is a legal document in which one party agrees to relinquish their right to pursue claims against another party.