Will a legal disclaimer decrease my personal injury liability? How? 15 Answers as of June 03, 2015

I am contemplating putting together a Halloween haunted house for children in my neighborhood. I have never organized a haunted house like this. If I draft a legal disclaimer and put it somewhere visible, is this enough to protect me from being liable for any sort of accident lawsuit?

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S. Joseph Schramm | Joseph Schramm
Since, by building the haunted house as an amusement for the public you would have a duty to inspect the premises constantly, to discover any defect on the premise that would be likely to cause someone harm and to fix any defect discovered. As for the release of liability, since it appears that many of the users will be minor children, and therefore unable to enter a contract, it would be unlikely that a court would enforce any legal release of liability for harm that might befall them.
Answer Applies to: Pennsylvania
Replied: 6/3/2015
Pius Joseph A Professional Law Corp. | Pius Joseph
You can have a disclaimer but you can still be liable if there is negligence. You can have individual releases signed by participants (adults and adults for minors) but in certain circumstances it can be challenged. Good idea to buy liability coverage for the event.
Answer Applies to: California
Replied: 6/3/2015
Law Ofices of Edwin K. Niles | Edwin K. Niles
A disclaimer would be of little help. That's why we have liability insurance. Check to see if your homeowner's policy covers you.
Answer Applies to: California
Replied: 6/2/2015
James E. Hasser, Jr. P.C.
James E. Hasser, Jr. P.C. | Jim Hasser
Probably not, but you can give it a shot. Check with your insurance agent on a policy that might cover the event and ask him or her about waivers. Good luck.
Answer Applies to: Alabama
Replied: 6/2/2015
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
No, the parents have to sign or otherwise acknowledge that they agree.
Answer Applies to: Michigan
Replied: 6/2/2015
    Utah Injury Lawyer
    Utah Injury Lawyer | Will Rodgers
    Pay an attorney to draft your disclaimer. Do not draft any legal document (in your case a disclaimer) by yourself because you do not know what you are doing and will not adequately protect yourself.
    Answer Applies to: Utah
    Replied: 6/2/2015
    Gates' Law, PLLC | Thomas E. Gates
    Not likely. You need proof that they had knowledge of the hazards and accepted the risk. This normally handle by a written acknowledge, signed by the individual. Or else, carry a two million dollar policy.
    Answer Applies to: Washington
    Replied: 6/2/2015
    Bulman Law Associates PLLC Injury Law Firm
    Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
    No. You are still responsible for all the safety risks and dangers if they hurt someone. A person cannot agree to let you be careless ahead of time. This type of agreement is usually ignored by a judge. Call your home insurance agent and ask them if you are covered. "medical payments" coverage is good to have on your policy. It pays up to $10,000 in medical expenses without anyone showing anyone was careless. This coverage often prevents the injured person from calling an attorney trying to get an ER visit or ambulance ride paid for.
    Answer Applies to: Montana
    Replied: 6/2/2015
    Law Offices of Richard M. Levy P.C.
    Law Offices of Richard M. Levy P.C. | Richard M. Levy
    No. In New York one cannot contract away one's own negligence.
    Answer Applies to: New York
    Replied: 6/2/2015
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    No. If someone is injured because you were negligent, then you are on the hook. If you are not negligent, then you are not at fault. Either way, posting a notice makes no difference.
    Answer Applies to: New York
    Replied: 6/2/2015
    Law Offices of George H. Shers | George H. Shers
    In California, children under a certain age [6] can not be held at fault for an accident; a disclaimer is basically a psychological tool. It discourages some people from suing, but it normally, especially as to children, as no real legal effect. You are taking a big risk. Even if you are not sued, you may have to get a governmental permit and if a neighbor's child is hurt, no matter who was at fault, you will not have good relations with them.
    Answer Applies to: California
    Replied: 6/1/2015
    Law Office of Lisa Hurtado McDonnell | Lisa Hurtado McDonnell
    You need to get parents to sign the waiver. You need to make sure the house is safe. A waiver may work but it really about a whether it will deter a parent from attempt to sue you from possible injury and it a question of fact if injury was caused by an unsafe condition.
    Answer Applies to: Utah
    Replied: 6/1/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    It may help but should be signed by the parent of each user/customer, and I would suggest adequate insurance as well.
    Answer Applies to: Michigan
    Replied: 6/1/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    Probably not.
    Answer Applies to: Wisconsin
    Replied: 6/1/2015
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    No. You should have taken insurance for the event. Your liability will depend on large part on the nature and cause of injury. If it is dark and there was a tripping hazard you may be found responsible regardless of what you write, etc.
    Answer Applies to: Connecticut
    Replied: 6/1/2015
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