Signed Disclaimer

Ave Sodalis

Just a quick question; does a disclaimer that will be signed by a customer need to be drawn up by a solicitor to be legal, or can you draft your own (provided it's fair) and it be legally binding once signed?

hullaballoo

What does this document purport to disclaim?

28064212

The same words in the same context aren't given any extra weight by virtue of being written by a solicitor. But it's unlikely that a layperson will come up with the same words that a solicitor does

Ave Sodalis

The owner of a livery yard (where people keep their horses) is looking to have one for those paying for livery to sign, saying that they're aware that horses are a risk and that he's not responsible if they get injured by horses when on the premises. Riding school use them. He was asking me, but I obviously have no idea so I thought I would ask here!

nuac

Mod
Suggest that the owner of the livery yard consult his/her own solicitor, but will leave open for discussion subject to rule here on legal advice

Samuel T. Cogley

You can't contract out of negligence so generally those disclaimers are fine as far as they go but they're not going to absolve the yard owner of doing a proper risk assessment and minimizing foreseeable risks.

Ave Sodalis

Just to let you know folks that I had told the owner it was likely a solicitor's job, but I was wondering what the actual answer is.

Samuel T. Cogley wrote: »

You can't contract out of negligence so generally those disclaimers are fine as far as they go but they're not going to absolve the yard owner of doing a proper risk assessment and minimizing foreseeable risks.

I know in riding schools that it's basically; if you fall off, it's your own tough luck. In saying that, I know Castle Leslie were sued successfully after a woman fell off and bruised her rear end.

Samuel T. Cogley

Ave Sodalis wrote: »

Just to let you know folks that I had told the owner it was likely a solicitor's job, but I was wondering what the actual answer is.

I know in riding schools that it's basically; if you fall off, it's your own tough luck. In saying that, I know Castle Leslie were sued successfully after a woman fell off and bruised her rear end.

One would have to ask what was the risk assessment done? Knowing a few yards myself I expect the answer in most cases is one wasn't done at all. That's not going to help if one was trying to defend a claim of negligence. You also have to consider whether it's worth defending at all, what are the implication re costs, insurance.

I caution against them thinking even the best drafted contract in the world is the end of the matter.

As an aside it's a shame from both sides, both poor risk management and over litigious riders. Castle Leslie being a case in point, the riding went down hill drastically. Mount Juliet is another one where there was excellent riding spoiled by over zealous pursuit of cheaper insurance.

4ensic15

Samuel T. Cogley wrote: »

You can't contract out of negligence so generally those disclaimers are fine as far as they go but they're not going to absolve the yard owner of doing a proper risk assessment and minimizing foreseeable risks.

You certainly can contract out of liability for negligence. You can't contract out of liability for personal injury caused by negligence.

Peregrinus

Ave Sodalis wrote: »

Just to let you know folks that I had told the owner it was likely a solicitor's job, but I was wondering what the actual answer is.

The actual answer is as given by 28064212:

28064212 wrote: »

The same words in the same context aren't given any extra weight by virtue of being written by a solicitor. But it's unlikely that a layperson will come up with the same words that a solicitor does

Whether particular wording is effective to protect you in any particular circumstance doesn't depend on who wrote the words; it depends on what the words say. But if you want to know in advance how much effective protection any particular wording will give you, you need advice from a solicitor. There are some kinds of liability you can contract out of, or you can contract out of if it is reasonable to do so, and there are other kinds that you cannot contract out of.