COVID-19 Waivers of Liability

Originally published by Lori-Ann Craig.

Image by Clker-Free-Vector-Images from Pixabay

For those of you venturing out to the gym, the hair salon, or even your workplace, you may have been presented with a waiver of liability for your signature. These waivers attempt to limit a business’s liability for damages that may result from a possible exposure to the coronavirus and lead to the risk of contracting COVID-19. Understandably, owners of small businesses that have been shuttered due to the virus are concerned, especially when faced with the possibility of a future lawsuit should someone contract COVID-19 while on their premises. A lawsuit on top of already strained finances is not on the menu for a lot of these enterprises. To date, there have been no judicial opinions relating to the enforceability of these particular waivers. Most liability waivers are used when people participate in high-risk activities, such as sports or recreational activities where there is a chance of injury. Waivers are governed by the rules of contract law. In instances of gross negligence, such waivers are typically deemed unenforceable. However, in general, liability waivers can be enforceable so long as the party signing the waiver had fair notice, i.e. that the contract or waiver specifically stated the claims to be released and that the waiver language was conspicuous within the contract.

But what would happen if you refuse to sign the waiver? Will you be prohibited from entering the business or going to work? Unfortunately, that could be another risk that the consumer might have to take: sign or be denied entry or service. To help you navigate this confusing path, here are some articles that provide some guidance to help you decide whether you want to go ahead and sign that waiver:

If You’re Asked to Sign a COVID-19 Waiver, Use This Road Map to Help With Your Decision, Consumer Reports.org, July 2, 2020

Can My Employer Ask Me to Sign a COVID-19 Waiver?, Nolo.com, accessed July 29, 2020

What You Should Know Before Signing a COVID-19 Liability Waiver, FindLaw, June 29, 2020

For businesses looking to draft their own liability waiver, here are some articles to check out before embarking on your own:

COVID-19 Liability Waivers: What Businesses Should Know, Law360, June 24, 2020

How Courts May Interpret COVID-19 Waivers of Liability, Law360, May 21, 2020

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