this post was submitted on 10 Dec 2023
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[–] Brunbrun6766@lemmy.world -1 points 11 months ago

Well, that's not how terms of service work. You can still sue

[–] doublejay1999@lemmy.world -1 points 11 months ago (2 children)

Poor reporting, as ever. As people have pointed out, you cannot disclaim away the Law. No one can.

If you did a bungee jump, and you sign any kind of waiver, it might protect the company if your glasses fall off and smash. It will not protect them if the rope snaps and break your head.

[–] lhx@lemmy.world 0 points 11 months ago (1 children)

Lawyer here: this isn’t necessarily correct and in America it’s state dependent. There are absolutely parts of the law you can waive, including negligence of a party which is likely your bungee jumping scenario with the rope snapping.

[–] doublejay1999@lemmy.world -1 points 11 months ago

Well, I yield to your experience and training , !

[–] LOLjoeWTF@lemmy.world 0 points 11 months ago (1 children)

My understanding is that when signing a liability waiver, first the acknowledgement of risk happens, and then the release of liability. State by state it can be a little bit different for releasing liability, depending on the interpretation. I looked up where I live, and that liability waiver isn't upheld if one can prove damages (possibly death, in which case someone has to sue upon my lifeless corpse) caused by intentional recklessness, not simply neglect.

[–] doublejay1999@lemmy.world -1 points 11 months ago

It would be interesting to look into some cases. My statement was based on not being able to disclaim negligence at all.