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In 2003 a man took his three children and another child snow-tubing at the Powder Ridge Ski Resort in Connecticut. The man’s right foot became caught between the tube and a man-made bank. He broke his leg and required several surgeries. The man had signed a waiver, defense, indemnity and hold-harmless agreement and release of liability, but the establishment was still found negligent.
Based on the ruling in this case (Hanks v. Powder Ridge, 2005) and litigation in related cases on the subject of “waivers, releases and consents,” I propose a different approach to improve your odds should you be subjected to a lawsuit charging negligence. I believe that recreation agencies can be more proactive in matters of risk exposure by shifting the assumption of risk where it rightfully belongs--on the user of services.
Thoughtfully crafted participation agreements are much more effective than traditional releases, waivers and consents that do not hold up in court, and that offer neither party any real protection.