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Can I require customers to sign liability waivers in Delaware? What are the requirements?
Liability Waivers in Delaware
In Delaware, businesses can require customers to sign liability waivers, but there are certain requirements that must be met for them to be valid.
According to Delaware law, a liability waiver must be clear and unambiguous, and it must specifically state that the signer is giving up their right to sue for any injuries or damages that may occur as a result of the activity in question. The waiver must also be signed voluntarily and with full knowledge of its contents.
Additionally, Delaware courts have held that liability waivers are not enforceable if they violate public policy or if they are unconscionable. For example, a waiver that attempts to waive liability for intentional or grossly negligent conduct may be deemed against public policy and unenforceable.
It is important to note that liability waivers are not a substitute for proper safety measures and precautions. Businesses and individuals should still take reasonable steps to ensure the safety of their customers and participants.
[2.1] states that the owner of a motor vehicle who causes or knowingly permits a minor under the age of 18 years to drive such vehicle upon a highway and any person who gives or furnishes a motor vehicle to such minor shall be jointly and severally liable with such minor for any damages caused by the negligence of such minor in driving such vehicle, and the negligence of such minor shall be imputed to such owner or such person for all purposes of civil damages.
[3.1] provides information on the requirements for sale of portable electronics insurance.
[4.1] states that no person shall in Delaware directly or indirectly act as agent for, or otherwise represent or aid on behalf of another, any insurer not then authorized to transact such business in Delaware in the solicitation, negotiation, procurement or effectuation of insurance or annuity contracts, or renewal thereof, or forwarding of applications for insurance or annuities, or the dissemination of information as to coverage or rates, or inspection of risks, or fixing of rates, or investigation or adjustment of claims or losses, or collection or forwarding of premiums, or in any other manner represent or assist such an insurer in the transaction of insurance with respect to subjects of insurance resident, located or to be performed in Delaware.
Therefore, it is recommended that you consult with a licensed attorney in Delaware who can provide you with specific guidance on the requirements for liability waivers in your particular situation.
Source(s):
- [2.1] Liability of owner for negligence of minor [Effective until Apr. 1, 2025].
- [3.1] Requirements for sale of portable electronics insurance.
- [4.1] Representing or aiding unauthorized insurer prohibited.
Jurisdiction
Delaware