Risk Managment and Waivers

PSK480 · #1 03-21-2003, 01:36 PM

My chapter had a question for someone who was more knowledgable than we are legally. If we have people who attend social functions sign a waiver or some other legal document stating that if they are injured at said social function they can not hold our chapter accountable(as in sue). Would that hold up in court, or is it just an urban ledgend that is going around?

MoxieGrrl · #2 03-21-2003, 02:29 PM

I don't have a definite answer, but hey! it worked with grade school field trips, so it might be something worth checking out.

BSUPhiSig'92 · #3 03-21-2003, 02:43 PM

Well, not really an urban legend. Courts usually have not upheld that waivers absolve host organizations of liability. They may sometimes reduce liability, but that can be a big maybe. Waivers never work if what you are doing is in violation of the law (serving alcohol to minors, hazing, etc.) I would recommend calling Tom Recker at HQ. Tom was President of FIPG at one time, and should know about the effectiveness of waivers.

PSK480 · #4 03-21-2003, 11:34 PM

Thanks BSU, I'll make sure our risk manager(vp) does that. It's nice to see another of the DAMN PROUD on the msg boards for once.

Tom Earp · #5 03-22-2003, 12:35 AM

psk480,

waivers do not mean squat in the non legal term!

Your chapter screws up, YOU will be held responsible!!

Dont remember the case site as has been a loooong time ago! Is still culpability no matter what! ASK DA JUDGE! That is plain and simple!

Your House screws up, in Risk Mgt. You are almost responsibile!

If it feels wrong, for god sake, do not do it! Trust me, been there along with many on GC!

Kevin · #6 03-22-2003, 03:27 AM

Like the pay lots that say "park at your own risk".

NOPE!

Waivers don't mean jack unless specifically supported by state law. For example, ski resorts in Colorado and other ski states don't allow skiers to sue for their skiing injuries (look at the back of a lift ticket).

RUgreek · #7 03-23-2003, 03:36 AM

A waiver is designed to make the signee aware of the actual or implied risks/dangers involved in the activity they are about to undertake. Some activities, such as physical athletic sports, have inherent danger that a person accepts by participating (assumption of the risks doctrine).

Parental permission slips were used to grant consent to a school or group to take someone under the legal age of consent somewhere. It still does not excuse them from liability in the event of an injury arising out of the negligence or recklessness of said school or group.

So the question is - Can a Fraternity or Sorority ask a pledge or member to sign a waiver excusing the organization of liability in the event that harm or injury results? A quick answer is No. A simple way to explain it is that you can't waive your rights away, and you can't sign a form that let's someone murder you. Directly inflicting or causing a person to be put in a life-threatening or dangerous situation is the responsibility of all persons involved. If you knowingly or intentionally create the risks, you will no doubt be held responsible for the consequences.

A waiver is still a smart idea, it establishes clear and absolute proof that a person was aware and agreed to the risks involved, just check the back of any baseball ticket. If injury or death occurs, then a group will be protected as long as they are not at fault.

Hope that helps a little.

- RUgreek