Decato Law Office
Written by Attorney William A. Whitten.
The original lyrics were written by Eddie Miller and subsequently recorded by various artists, such as Little Esther Phillips, Jim Reeves and Englebert Humperdink. In the music industry it is a haunting melody and a plea to be released from the bonds of romance. In the law, “please release me” has an entirely different meaning.
Most people over a certain age are familiar with legal releases and no doubt have signed releases, without giving it much thought. Often, it involves engaging in what some people consider dangerous activities. If you choose to skydive, SCUBA dive, race cars, mountain climb, etc., the sponsor of the activity will often have the prospective participant sign a “release” before allowing them to participate in the activity.
I remember reading a release on the back of the admission ticket to a Dartmouth hockey game. There was general language about pucks leaving the ice and the chance of being injured by a flying puck. I do not recall if the Red Sox put a similar “release” on the backs of their tickets, with respect to foul balls, leaving the playing field.
If a person actually reads and signs a release and is subsequently injured in the activity the question arises as to whether or not the release is valid and can prevent a law suit, or at least stop a law suit. The answer is, it depends. In strict legal terms a release is known as an “exculpatory contract.”
The New Hampshire Supreme Court has issued various rulings on the validity of the releases. One oft cited case is Barnes vs. New Hampshire Karting , Inc., 128 N.H. 102 (1986). In Barnes the court upheld the validity of a “pit pass.” The injured person sued the owner of the race track, when he was injured in a collision on the race track. The key issue was the language at the top of the pit pass, which said “THE HOLDER ACKNOWLEDGES SIGNING WAIVER & RELEASE FROM LIABILITY BEFORE ENTERING THE TRACK AREA.”
The body of the release contained extensive language releasing the track owner from responsibility, in the event of injury. Even though the injured person said that the release had not been read by him, or to him, the release was upheld. The court did note that in certain situations involving special relationships, such as a common carrier (i.e buses) , innkeepers, or certain public policy considerations, the releases would not be upheld. That logic did not help the injured party in Barnes.
Generally speaking the language of a release has to be clearly set forth, conspicuous, readable and unambiguous. The purpose of the release is to excuse (release) someone from an act of alleged negligence. Of course, whether the language is conspicuous and unambiguous is often litigated.
If you are the party who is injured after signing a release, you may wish to consult with an attorney in an effort to determine if the release is valid. More likely than not, the person(s) who you may think were responsible for your injury, will contact their insurance company. The insurance company will investigate and most probably will use the release as exhibit A and deny your claim. This does not mean your claim is not valid, it means there is a lot of work to do.
If you are the person who may have a chance of being sued, it is better to have a release signed. It gives you some ammunition to possibly defeat the claim. The best option is to have adequate insurance to protect yourself and your business.
DECATO LAW OFFICE ● 367 ROUTE 120 ● UNIT A 1 ● LEBANON NH 03766 ● TEL NO 603-640-2020 ● www.decatolaw.com
https://www.facebook.com/decatolaw http://twitter.com/DECATOLAW www.linkedin.com/company/decato-law-office
Written by Attorney William A. Whitten.
The original lyrics were written by Eddie Miller and subsequently recorded by various artists, such as Little Esther Phillips, Jim Reeves and Englebert Humperdink. In the music industry it is a haunting melody and a plea to be released from the bonds of romance. In the law, “please release me” has an entirely different meaning.
Most people over a certain age are familiar with legal releases and no doubt have signed releases, without giving it much thought. Often, it involves engaging in what some people consider dangerous activities. If you choose to skydive, SCUBA dive, race cars, mountain climb, etc., the sponsor of the activity will often have the prospective participant sign a “release” before allowing them to participate in the activity.
I remember reading a release on the back of the admission ticket to a Dartmouth hockey game. There was general language about pucks leaving the ice and the chance of being injured by a flying puck. I do not recall if the Red Sox put a similar “release” on the backs of their tickets, with respect to foul balls, leaving the playing field.
If a person actually reads and signs a release and is subsequently injured in the activity the question arises as to whether or not the release is valid and can prevent a law suit, or at least stop a law suit. The answer is, it depends. In strict legal terms a release is known as an “exculpatory contract.”
The New Hampshire Supreme Court has issued various rulings on the validity of the releases. One oft cited case is Barnes vs. New Hampshire Karting , Inc., 128 N.H. 102 (1986). In Barnes the court upheld the validity of a “pit pass.” The injured person sued the owner of the race track, when he was injured in a collision on the race track. The key issue was the language at the top of the pit pass, which said “THE HOLDER ACKNOWLEDGES SIGNING WAIVER & RELEASE FROM LIABILITY BEFORE ENTERING THE TRACK AREA.”
The body of the release contained extensive language releasing the track owner from responsibility, in the event of injury. Even though the injured person said that the release had not been read by him, or to him, the release was upheld. The court did note that in certain situations involving special relationships, such as a common carrier (i.e buses) , innkeepers, or certain public policy considerations, the releases would not be upheld. That logic did not help the injured party in Barnes.
Generally speaking the language of a release has to be clearly set forth, conspicuous, readable and unambiguous. The purpose of the release is to excuse (release) someone from an act of alleged negligence. Of course, whether the language is conspicuous and unambiguous is often litigated.
If you are the party who is injured after signing a release, you may wish to consult with an attorney in an effort to determine if the release is valid. More likely than not, the person(s) who you may think were responsible for your injury, will contact their insurance company. The insurance company will investigate and most probably will use the release as exhibit A and deny your claim. This does not mean your claim is not valid, it means there is a lot of work to do.
If you are the person who may have a chance of being sued, it is better to have a release signed. It gives you some ammunition to possibly defeat the claim. The best option is to have adequate insurance to protect yourself and your business.
DECATO LAW OFFICE ● 367 ROUTE 120 ● UNIT A 1 ● LEBANON NH 03766 ● TEL NO 603-640-2020 ● www.decatolaw.com
https://www.facebook.com/decatolaw http://twitter.com/DECATOLAW www.linkedin.com/company/decato-law-office
Posts
