General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsSince trump is making folks sign a waiver to attend his Klan fest
would that be an admission that it is a potential health hazard and because of that wouldn't some one in Tulsa have the legal standing to go to court and get an injunction to prohibit his rally? Legal types? what say you....
Thats a good point. Someone should definitely investigate. Thatd be beautiful if so.
Buckeye_Democrat
(14,853 posts)So can people sign a waiver for sexually transmitted diseases?
Just bury AIDS in small print among a large list of other diseases, and that covers it legally?
JenniferJuniper
(4,512 posts)good luck successfully suing because you got sick during pandemic because you were stupid enough to go to a mask-less rally.
The waiver may have no teeth, but I'm sorry, these fools are begging for it.
Buckeye_Democrat
(14,853 posts)From a purely selfish perspective, maybe I should instead be happy that others are making the sacrifice toward herd immunity?
BamaRefugee
(3,483 posts)underpants
(182,791 posts)In a If you havent been out .....every event has something like that to sign kind of way
no_hypocrisy
(46,094 posts)I believe the attendees CAN sue and get around the Disclaimer.
Intentional torts require some level of intent to be committed, such as the intent to batter someone. Negligence torts dont require intent to harm but require some level of carelessness or neglect. Strict liability torts require neither intent nor carelessness. In fact, if strict liability applies, it is irrelevant how carelessly, or how carefully, the defendant acted. It doesnt matter if the defendant took every precaution to avoid harmif someone is harmed in a situation where strict liability applies, then the defendant is liable.
Since this rule can have harsh consequences, it applies in a only few limited circumstances. One of those circumstances is when the defendant is engaged in an ultrahazardous activity. An ultrahazardous activity is one that is so inherently dangerous that the risk to human life is great if anything wrong happens, so the person carrying out the ultrahazardous activity is held strictly liable for those activities. Transporting dangerous chemicals or nuclear waste, for example, is inherently dangerous. If the chemicals spill, it is very difficult, if not impossible, to prevent injury to property or persons. Similarly, businesses that use dynamite, such as building demolition crews, run the risk that no matter how careful they are, people or property could be damaged by intentionally igniting dynamite. Therefore, strict liability applies.
https://courses.lumenlearning.com/montgomerycollege-masterybusinesslaw3/chapter/strict-liability-in-business/#:~:text=An%20ultrahazardous%20activity%20is%20one,strictly%20liable%20for%20those%20activities.&text=Therefore%2C%20strict%20liability%20applies.
Asking spectators into a venue that is so inherently dangerous that they cannot possibly assume the risk of harm makes this situation a class action strict liability tort.