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

Based on the documents provided, there are no specific laws or regulations in Kansas that prohibit requiring customers to sign liability waivers. However, it is important to note that any liability waiver must be drafted carefully to ensure that it is enforceable in court.

Requirements for Liability Waivers in Kansas

In Kansas, a liability waiver is a legal contract that releases one party from liability for any injuries or damages suffered by another party. To be enforceable, a liability waiver must meet certain requirements:

1. The waiver must be clear and unambiguous. It should clearly state that the signer is giving up their right to sue for any injuries or damages that may occur.
2. The waiver must be voluntary. The signer must be given the opportunity to read and understand the waiver before signing it.
3. The waiver must not violate public policy. For example, a waiver that attempts to release a party from liability for intentional harm or gross negligence may be unenforceable.
4. The waiver must be supported by consideration. This means that the signer must receive something of value in exchange for signing the waiver.
5. The waiver must be signed by the party seeking to be released from liability.

It is important to note that liability waivers are not always enforceable in court. Courts will generally look at the specific language of the waiver, as well as the circumstances surrounding its signing, to determine whether it is enforceable.

Supplemental Coverages or Endorsements in Connection with Liability Policies

According to KSST 40-1110, in connection with insurance against bodily injury liability, burglary, robbery or theft, whether issued by a stock or mutual company, or other insurer, such stock or mutual company or other insurer may also issue endorsements, or supplemental coverages to cover, irrespective of legal liability of the insured, medical, surgical, hospital, funeral or other expenses sustained by the named insured or other person and incurred as a result of bodily injury, sickness or disease caused by accident, or during the commission of a burglary, robbery or theft which is insured against in the basic policy to which such endorsements or supplemental coverages are added.

Conclusion

In summary, there are no specific laws or regulations in Kansas that prohibit requiring customers to sign liability waivers. However, any liability waiver must be drafted carefully to ensure that it is enforceable in court. The waiver must be clear and unambiguous, voluntary, not violate public policy, supported by consideration, and signed by the party seeking to be released from liability. Additionally, according to KSST 40-1110, supplemental coverages or endorsements may be added to insurance policies to cover expenses sustained by the named insured or other person and incurred as a result of bodily injury, sickness or disease caused by accident, or during the commission of a burglary, robbery or theft which is insured against in the basic policy.

Jurisdiction

Kansas

• General