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Under New Hampshire law, exculpatory releases or liability of waivers are generally prohibited unless they are not contrary to public policy, and the release is specific and clear. Courts typically find releases to violate public policy if it interferes with public welfare or safety.
Like insurance, waivers are a risk management technique which involves transferring liability for injuries from one party to another by means of a written contract. Waivers are most common in contact sports and high risk activities, and in some instances will be a requirement of insurance coverage.
Though signing a waiver brings complications to a personal injury claim, you can still secure damages if your injury could and should have been prevented.
In New Hampshire, the plaintiff's own contributory negligence to their injuries reduces the amount of damages that may be claimed in proportion to the defendant's role in causing the injuries. This is true unless the plaintiff is found to be more negligent (51% or more) than the defendant.
In California, release of liability waivers are legally enforceable contracts in which you assume the risk of injury for engaging in potentially dangerous activities.
A release and waiver agreement is an enforceable promise not to pursue legal action in exchange for compensation. The releasee gives money or some other form of compensation to the releasor, who then agrees not to press charges, sue, or take any other legal action against the releasee.
A release of liability, also known as a liability waiver or a hold harmless agreement, is a contract in which one party agrees not to hold another party liable for damages or injury. These contracts are common in fields that involve some risk to property, finances, or health.
The Landowner Liability Law (RSA 5) and Duty of Care Law (RSA 2) protect landowners from liability when someone gets hurt on their property. If someone uses your land for outdoor recreational activities and they get hurt on your property, you assume no responsibility or incur no liability.