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Can I require customers to sign liability waivers in Indiana? What are the requirements?

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Liability Waivers in Indiana

Under Indiana law, an equine professional is not liable for an injury to, or the death of, a participant in equine activities resulting from the inherent risks of equine activities [1.2]. However, to benefit from this immunity, the equine activity sponsor or equine professional must post and maintain in at least one location on the grounds or in the building that is the site of an equine activity a sign on which is printed the warning notice set forth in section 5 of this chapter [1.1].

Liability Waivers for Non-Equine Activities

Contracts between employer and employee releasing the employer from liability for damages arising out of the negligence of the employer by which the employee is injured, or, in case of the employee’s death, to his representative, are against public policy, and hereby declared null and void [3.2]. All contracts between employer and employee releasing third persons, copartnerships or corporations from liability for damages arising out of the negligence of such third persons, copartnerships or corporations by which the employee of such employer is injured, or in case of the death of such employee, to his representative, are against public policy and are hereby declared null and void [3.1].

Requirements for Liability Waivers

Indiana law does not explicitly require liability waivers for non-equine activities. However, contracts releasing an employer from liability for damages arising out of the employer’s negligence are against public policy and are null and void [3.2][3.1].

For equine activities, the warning notice on a sign referred to in subsection (a) must be printed in black letters, and each letter must be at least one (1) inch in height [1.1]. The warning notice that must be printed on a sign under section 3 of this chapter and included in a written contract under section 4 of this chapter is as follows: “WARNING Under Indiana law, an equine professional is not liable for an injury to, or the death of, a participant in equine activities resulting from the inherent risks of equine activities” [1.2].

Therefore, while liability waivers are not explicitly required for non-equine activities, they are against public policy and are null and void. For equine activities, a warning notice must be posted and maintained, and included in a written contract.

Source(s):
Jurisdiction

Indiana