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

Liability Waivers in West Virginia

Yes, you can require customers to sign liability waivers in West Virginia, but there are certain requirements that must be met. According to WVCO 55-7-31, a waiver of liability is enforceable if it meets the following requirements:

  1. The waiver must be in writing and signed by the person seeking to enforce it.
  2. The waiver must be specific in its language and refer to the activity, product, or service that is the subject of the waiver.
  3. The waiver must be conspicuous and the person signing it must have had an opportunity to read and understand it.
  4. The waiver must not violate public policy.

It is important to note that even if a waiver meets these requirements, it may not protect against liability for intentional or grossly negligent conduct.

Additionally, it is important to ensure that the activity, product, or service being waived is not subject to any specific statutory requirements or regulations that may prohibit or limit the use of liability waivers.

Procurement of Liability Insurance and Self-Insurance

It is worth noting that political subdivisions in West Virginia may use public funds to secure insurance with respect to their potential liability and that of their employees for damages in civil actions for injury, death or loss to persons or property allegedly caused by an act or omission of the political subdivision or any of its employees, including insurance coverage procured through the State Board of Risk and Insurance Management [2.1].

Conclusion

In summary, it is possible to require customers to sign liability waivers in West Virginia, but the waivers must meet certain requirements to be enforceable. These requirements include being in writing, specific, conspicuous, and not violating public policy. It is also important to ensure that the activity, product, or service being waived is not subject to any specific statutory requirements or regulations. Political subdivisions in West Virginia may use public funds to secure insurance with respect to their potential liability and that of their employees for damages in civil actions for injury, death or loss to persons or property allegedly caused by an act or omission of the political subdivision or any of its employees [2.1].

Source(s):
Jurisdiction

West Virginia