Extract Data From Legal Massachusetts Waiver And Release Forms For Free

Gross negligence and recklessness typically are not subject to liability waivers. ?The long-standing definition of gross negligence in Massachusetts was set forth in Altman v. Aronson, 231 Mass.

A waiver is a demonstration, usually in written form, of a party's intent to relinquish a legal right or claim. The key point to note is that the relinquishment is voluntary, and can apply to a variety of legal situations. Essentially, a waiver removes a real or potential liability for the other party in the agreement.

Although Massachusetts law has favored the enforcement of such waivers for ordinary negligence, a party cannot protect itself from liability for grossly negligent acts or reckless acts.

For the most part, the signing of a waiver is going to hold up in court as a binding document. That does not mean, however, that you are out of options if you sign a release of liability waiver and then sustain an injury while participating in the activity the business offered.

Finally, a waiver cannot provide protection from an act deemed to be a violation of a law. Although Massachusetts law has favored the enforcement of such waivers for ordinary negligence, a party cannot protect itself from liability for grossly negligent acts or reckless acts.

For example, a waiver may be void and thrown out of court if: Its language is unclear. If the waiver was difficult for a reasonable person to understand, you might not have truly realized what you were signing. You asked questions about the waiver but received incorrect or misleading answers.