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 > Required signing waiver of responsibilty

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wapiticountry

Mountain West

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Posted: 06/30/20 02:05pm Link  |  Quote  |  Print  |  Notify Moderator

magicbus wrote:

I guess you wouldn’t mind if the roofer changed the type of shingles after you had signed a contract with him.

If the OP hadn’t paid in full and created a contract with the park I would agree, but they are changing the contract after the fact. This assumes there is no fine print on the reservation form saying you will be asked to sign a release.

Dave
Implicit in any innkeeper/guest rental is the understanding that the guest will abide by the rules and regulations of the property. Signing a liability waiver is one of those rules and regulations. Furthermore, the innkeeper is free to impose any additional rules that met the very low standard of "reasonable". For example, if you checked into a park and they had not posted a speed limit it would be within their rights to post one while you are staying there and you would be obligated to abide by it. You don't get "grandfathered" in. A waiver of liability is becoming an industry standard across many different types of lodging, including RV parks. Imposition of such a waiver would surely be considered a reasonable addition to a business's rules and regulations.

Bird Freak

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Posted: 06/30/20 02:29pm Link  |  Quote  |  Print  |  Notify Moderator

If your scared you might get hurt doing something stupid and have to be responsible for your self just stay home.


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time2roll

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Posted: 06/30/20 03:39pm Link  |  Quote  |  Print  |  Notify Moderator

magicbus wrote:

I guess you wouldn’t mind if the roofer changed the type of shingles after you had signed a contract with him.

If the OP hadn’t paid in full and created a contract with the park I would agree, but they are changing the contract after the fact. This assumes there is no fine print on the reservation form saying you will be asked to sign a release.

Dave
I agree. This would be a good time to ask for a refund due to the additional conditions after the fact.

Or sign away and go have some fun. Your call OP.


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RedRollingRoadblock

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Posted: 06/30/20 04:12pm Link  |  Quote  |  Print  |  Notify Moderator

Here is some interesting reading on this.

https://blogs.findlaw.com/injured/2014/0........ability-waivers-legally-enforceable.html

https://www.latimes.com/opinion/story/20........ly-liability-waiver-should-you-sign-them

The next to the last paragraph about sums it up.

BarabooBob

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Posted: 06/30/20 05:58pm Link  |  Quote  |  Print  |  Notify Moderator

I located the following information for the OP. It comes from the website https://www.murphyprachthauser.com/blog/camping-in-wisconsin-the-complete-guide

New Rules in Wisconsin You Should Know
Effective April 1, 2016, campground owners can only be held liable for injuries where the owner intentionally causes injury or acts in a willful or wanton disregard for the safety of others, which are essentially criminal standards. An owner can also be held liable for failing to warn about a dangerous inconspicuous condition the owner knows about. However, a campground owner cannot be held liable for failing to make its property safe, and has no obligation to inspect or police the grounds for dangers that may exist.

The bottom line from all of this is that private campground owners no longer have an incentive to inspect and make changes to their property, because they rarely will be held liable. The safer thing to do is use the public campgrounds, which are not motivated by profit and will not cut corners to make more money.

Do you have questions? Let us know in the comments!


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Hammerboy

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Posted: 06/30/20 06:04pm Link  |  Quote  |  Print  |  Notify Moderator

BarabooBob wrote:

I located the following information for the OP. It comes from the website https://www.murphyprachthauser.com/blog/camping-in-wisconsin-the-complete-guide

New Rules in Wisconsin You Should Know
Effective April 1, 2016, campground owners can only be held liable for injuries where the owner intentionally causes injury or acts in a willful or wanton disregard for the safety of others, which are essentially criminal standards. An owner can also be held liable for failing to warn about a dangerous inconspicuous condition the owner knows about. However, a campground owner cannot be held liable for failing to make its property safe, and has no obligation to inspect or police the grounds for dangers that may exist.

The bottom line from all of this is that private campground owners no longer have an incentive to inspect and make changes to their property, because they rarely will be held liable. The safer thing to do is use the public campgrounds, which are not motivated by profit and will not cut corners to make more money.

Do you have questions? Let us know in the comments!


I was just going to post something along these lines. I have never had to sign a waiver to camp at a private park. Sounds like they are covering their behind for hazards they may or may not know of. Easy fix for that uneven sidewalk they haven't fixed. I probably would still go as you probably won't find anything else at this point but I would pass on this place after this trip.

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dedmiston

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Posted: 06/30/20 06:47pm Link  |  Quote  |  Print  |  Notify Moderator

This smells like an attorney's idea.

A lot of HOAs in my area are having trouble reopening our association pools under the County's new COVID health guidelines. The #1 reason most of the HOAs haven't reopened is because their attorneys have advised them against it. One of the ideas I've heard floated is that residents should sign a release first, which is ridiculous because the homeowners technically own the association pools.

My point is, a lot of zealous attorneys are advising their clients to either shut down or make releases a condition of reopening. Maybe that's what's happening with this park.


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BB_TX

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Posted: 07/01/20 09:56am Link  |  Quote  |  Print  |  Notify Moderator

dedmiston wrote:

This smells like an attorney's idea.
...
My point is, a lot of zealous attorneys are advising their clients to either shut down or make releases a condition of reopening. Maybe that's what's happening with this park.

Which is what you would do if you owned a business you wanted to protect from frivolous law suits that could at least be a huge inconvenience or at worst ruin your business.

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Posted: 07/01/20 11:23am Link  |  Quote  |  Print  |  Notify Moderator

lawyers. (spit)

wapiticountry

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Posted: 07/01/20 11:49am Link  |  Quote  |  Print  |  Notify Moderator

dedmiston wrote:

This smells like an attorney's idea.

A lot of HOAs in my area are having trouble reopening our association pools under the County's new COVID health guidelines. The #1 reason most of the HOAs haven't reopened is because their attorneys have advised them against it. One of the ideas I've heard floated is that residents should sign a release first, which is ridiculous because the homeowners technically own the association pools.

My point is, a lot of zealous attorneys are advising their clients to either shut down or make releases a condition of reopening. Maybe that's what's happening with this park.
Attorneys are only acting on behalf of their clients. The releases are being driven by insurance companies. Such releases are becoming a standard requirement for lodging businesses to obtain coverage. Realistically, they are a thin veneer of protection that can easily be pierced in many instances. They are actually more valuable as a deterrent preventing people from filing nuisance and frivolous claims than actually removing liability in an actual case of serious injury caused by negligence or willful misconduct on the part of the lodging business.

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