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Signed Waivers

  • 06-10-2009 9:26am
    #1
    giddybootz
    Registered Users, Registered Users 2 Posts: 867 ✭✭✭


    Hi all,

    If one were to start up a social activity/sports team that was full contact would legally drafted waivers signed by all members involved saying they take full responsibility for themselves, their safety and their belongings be ok as a substitute to insurance?

    EG: Lets say it is indoor tag rugby and Mr Smith wants to set up a league and approaches a number of sports halls to find a place for his teams to practice. Would signed waivers stating that any player, ref, coach etc who is injured will not claim against any other individual involved or claim against the place they were in at the time be sufficiant or would some form of sports insurance be needed?

    What are your opinions on this?

    Thanks!


Comments

  • #2
    Paulw
    Registered Users, Registered Users 2 Posts: 13,381 ✭✭✭✭Paulw


    giddybootz wrote: »
    If one were to start up a social activity/sports team that was full contact would legally drafted waivers signed by all members involved saying they take full responsibility for themselves, their safety and their belongings be ok as a substitute to insurance?

    To the best of my knowledge - No. You will still need insurance.


  • #3
    cowzerp
    Registered Users, Registered Users 2 Posts: 10,549 ✭✭✭✭cowzerp


    Thread hijack! sorry but its similar

    Im in a similar situation where i have insurance but that allows us to use the premises but only covers the coaches for negligence!

    if a kid got hurt doing the normal activities while supervised and got injured they would not be covered as there was no negligence assuming there supervised and not doing anything crazy-im assuming we'd be just liable to pay the cost of him been seen?

    Rush Boxing club and Rush Martial Arts head coach.



  • #4
    Reloc8
    Closed Accounts Posts: 2,857 ✭✭✭Reloc8


    Every situation like this will turn on its own facts but if an injury occurs with no negligence there's no claim to be made in tort law, by definition. So effectively no one is liable.

    That's without getting into issues around the Occupiers Liability legislation.

    As a general point, you can't contract out of your own negligence in a case like this (or it is unsafe to assume you can). The efficacy of a waiver depends a lot on the age of the person signing it (whether adult) and whether they or their parent/guardian are fully independently advised of a) the consequences of signing and b) the nature of the activity.


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