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Perspective

Oct. 31, 2012

Assuming risk: multilingual liability waivers

When a multilingual liability waiver says different things in different languages, which version controls? By Gregory Smith of Snyder Law, LLP


By Gregory M. Smith


Anyone who has gone skiing, rented a kayak, signed a child up for soccer, or participated in a host of other activities has signed a liability waiver, also referred to as an express assumption of risk agreement. It is common for such an agreement to be hurriedly signed without a thought or even a moment to read the language. However, the fact that liability waivers are common and rarely open for negotiation does not render them moot. Courts ha...

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