What if limitation of liability is considered an exculpatory clause?
A limitation of liability is also known as a waiver, release, or assumption of risk. These are signed every day. Sometimes they are read and sometimes not. When a child gets dropped off at a sporting event one parent may look over it with a magnifying glass while another may sign it with barely a glance. These types of waivers are often disfavored and strictly construed everywhere. That does not mean that a waiver that was signed is not going to be enforceable, it very well may be. If something goes wrong and the service provider looks to that waiver to limit their liability, a court will look at it very carefully when making its decisions. This video reviews case examples when deal with limitation of liability enforceability challenges.
Runtime: 32 minutes
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