Pre-Accident Waivers of Liability
Are written waivers of liability worth the paper they are written on? The answer, of course, is that it depends. In California, a waiver that a passenger signs before stepping into an aircraft is enforceable, as long as it meets certain rules. For example:.jpg)
- The waiver language must be clear and conspicuous to the person signing away his rights---not buried in fine print.
- A passenger cannot waive liability for injuries resulting from another's recklessness.
- A waiver will not release an employer from liability to an employee for risks that are inherent in the employee's job.
- A passenger cannot waive liability for injuries resulting from an aircraft's defective design or manufacture.
Despite the rules, a waiver can be written in such a way that it will, in most situations, prevent a passenger from obtaining compensation for injuries received in an aviation accident caused by another's negligence. In fact, a properly drafted release can prevent not just the passenger who signed it from suing, but in the event of the passenger's death, his heirs as well.
