Mottley Law Firm July 2019

ARE RE L EAS E S O F L I AB I L I T Y EN F ORCEAB L E ?

exceptions. Before you sign up your child or yourself for an activity that requires a release form, be sure to read it thoroughly so you know what to expect in the event of an injury.

acts and/or omissions” and any “personal injury” or “death” that could come as a result of Jumpology’s misconduct. So in essence, the company can do something “negligent” that may result in the “death” of a young child and be able to walk away from the situation without any legal ramifications, simply because a parent signed a form. What would happen if an employee left a tripping hazard on the floor? They would have absolutely no liability. As a parent and as a lawyer, I found this really hard to believe. The form is clear, but I don’t believe it would hold up in a Virginia court. For the last 100 years, the Supreme Court of Virginia has refused to enforce forms like this that prospectively waive liability for negligence. They are considered a violation of public policy. The law on this topic varies state to state, though. In Maryland, preinjury releases are generally enforceable. Of course, as with anything, there are

When signing up for any “extreme” experience, have you ever looked at the release forms? A few years ago, I did just that. Terms of the release forms for these recreational businesses vary, but the forms can sometimes get to the point of releasing the company from their own negligence.

My son once wanted to go with his friends to a local trampoline arena called Jumpology, where they could jump around as much as they wanted. As most parents would do, I signed the form. Even as a personal injury attorney, I blindly signed the form and quickly shuffled him off to spend time with his friends. After signing it, though, I decided to read the form more carefully. I found that the form releases Jumpology from essentially anything you could think of. This includes Jumpology’s own “negligent

SUDOKU

IMPOSSIBLY SILKY MASHED POTATOES

INGREDIENTS:

6 sticks cold unsalted butter, cut into 1/2-inch cubes

4 lbs. medium Yukon Gold potatoes, peeled and halved

Kosher salt

1/2 cup heavy cream

DIRECTIONS:

1. In a stockpot or large saucepan, submerge potatoes in just enough water to cover them. Bring to a boil, add 2 tbsp of salt, and simmer until tender, about 20 minutes. 2. Drain potatoes and let cool for 3 minutes. 3. Using a ricer, grate potatoes into the original saucepan over medium heat. 4. With a wooden spoon, stir potatoes until they begin to stick to pan and steam, about 2 minutes. 5. Add butter in four equal batches, stirring constantly and adding each batch only once the last has been fully incorporated into the saucepan. 6. Stir in cream, season liberally with salt, and serve immediately.

SOLUT ION

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