COVID-19 Waivers of Liability

Image by Clker-Free-Vector-Images from Pixabay

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

Recognition in the Time of COVID: Judge Daryl Moore receives Law Library Advocate Award

Congratulations to Judge Daryl Moore, Texas 333rd District Court, who is this year’s recipient of the American Association of Law Libraries Government Law Libraries section Law Library Advocate Award! Judge Moore was recognized for his work in support of expanding law library services to all in Harris County, Texas. His tireless work as co-chair of the HBA County Law Library Committee helped the Law Library expand services for self-represented litigants, create new educational opportunities for the local legal community, and increase funding for library programs offered to everyone in Harris County.

Presenting an Award During a Pandemic

In a regular year, Judge Moore would have received his well-deserved award at the annual meeting of the American Association of Law Libraries to a room filled with law librarians from across the country. 2020 is not a regular year. As such, our director presented the award to Judge Moore on Friday at the Law Library to an audience of a socially-distanced photographer.

Americans With Disabilities Act at 30

Image by pixabay.com/users/renma-3345397/

Image by pixabay.com/users/renma-3345397/

Legend has it that a radical group of young disabled activists, known as the Rolling Quads, took to the streets of Berkeley, California, in the early 1970s to create, alongside their attendants, cut curb access for wheelchairs. They smashed existing curbs with sledgehammers and poured concrete ramps to create DIY cutaways on heavily traveled street corners in and around the UC Berkeley campus. Like all good legends, the details of the story are part fact and part fiction -- the myth of midnight commandos wielding hammers and concrete is probably a bit exaggerated -- but the folklore surrounding this spirited group of determined activists only helps solidify their reputation today as pioneers in the civil rights movement for people with disabilities.

Catalysts like the Rolling Quads (which included Ed Roberts and Hale Zukas) and many other disability rights advocates fought for legislation throughout the 1960s and 1970s that would protect the interests of people with disabilities in achieving equality, opportunity, justice, and inclusion. The efforts of these determined individuals led ultimately to the passage on the Americans with Disabilities Act on July 26, 1990.

Sunday marks the 30th anniversary of the signing of the Act, and in recognition of the occasion, the Harris County Law Library is providing a list of recommended resources that explore the history of disability rights in this country, the impact of the ADA during its first 30 years, and the ongoing role it plays in ensuring equal access for all people. Additional links of interest are included at the end.  

HISTORY

FUTURE

VOICES

  • Demystifying Disability – Call Your Girlfriend (Podcast)

    • Two writers who also both have physical disabilities describe the planning and preparation in their daily lives and provide resources for people without disabilities who want to learn more and grow as allies and friends.

  • After 30 Years, How Has The ADA Helped You? – NPR

    • Morning Edition wants to collect stories from people within the disability community about how the legislation has impacted their lives — however generally or specifically. Stories could be used on air or online.