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Street Legal: COVID-19 Liability Waivers

Street Legal is a new initiative for Gluckstein Lawyers to engage with our community.

Every other week we will be sharing answers to personal injury related questions you have asked. Thank you to those who submitted questions to campaigns@gluckstein.com. In this segment of Street Legal, we will be discussing COVID-19 and Liability Waivers. Jordan Assaraf, an associate lawyer at Gluckstein Lawyers, helps shed some light on this complicated and new law area.

“My son wants to resume hockey practice. We have been asked to sign a COVID-19 Liability Waiver. Is this now commonplace? Thank you for your insight.”

Yes, to answer your question, these waivers are becoming more commonplace, at hockey arenas, baseball fields, private golf courses, etc. The goal of these waivers is for the institution to absolve itself of liability should an individual entering the premises subsequently contract COVID-19. Some institutions are making people sign a COVID-19 liability waiver to reduce their potential exposure to the risk of lawsuits. By asking you specific questions, such as confirming that you haven’t left the country, don’t have COVID-19-related symptoms and have not been in close contact with anyone with COVID-19, they are doing their due diligence if a person should bring forth a claim. It is essentially a waiver whereby you assume your own risk by entering the premises and can’t hold the institution responsible for an outbreak.

“If I sign this waiver and I get COVID, am I waiving my right to sue?”

That will depend on the language in the waiver. Most COVID waivers are very similar to boilerplate waivers. A person voluntarily gives up his or her right to sue or to hold another party liable for injury or loss. However, for someone who has been seriously injured or suffered a loss after signing any waiver, it is worthwhile to speak with a lawyer who will be able to consider whether they might still retain their right to make a claim. For more information about Boilerplate Waivers, please read my blog.

Thank you for joining us for this segment of Street Legal.

Please continue submitting your personal injury related questions and we will share the answers every other Thursday.

To learn about Gluckstein Lawyers’ commitment to full circle care, contact Jordan Assaraf.

Jordan’s practice is devoted to all areas of Personal Injury litigation on behalf of plaintiffs, including product liability claims, class action and mass tort litigation, occupier’s liability claims, medical malpractice, motor vehicle accident claims and accident benefit claims.

 



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