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Liability waivers?
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by Bluefish on November 23, 2006
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does anyone use liability waivers when dealing with hot snakes? Seems if any injury incurred a good attorney could take everything if something wasnt signed (even if something was signed nowadays). Does anyone have a generic waiver they use that they would share? I have found some on the net and modified the language a bit to make sense but I thought if someone else had one already...I wont sell a hot unless someone has signed something for at least a little legal protection.
Tom
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RE: Liability waivers?
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by rickyduckworth on November 23, 2006
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signed waivers aren't good for much in the legal world. this is the country that defined the frivelous lawsuit. that's why insurance companies thrive here because there really is no way to prevent crap, only pay for it and not go broke in the process.
there really aren't laws that make it easy to prosecute sellers unless wrongdoing can be proven (selling to a minor in a place where that is illegal).
it's nearly impossible to prove that a seller has done anything criminal by selling an animal to someone.
go look at gun laws. in this state, it's illegal to sell to a minor AS A BUSINESS, but an individual can legally sell to a 13 year old without that minor's parents ever knowing a thing.
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RE: Liability waivers?
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by kacz on November 23, 2006
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Liability laws differ from state to state, but a signature on a waiver or disclaimer may not be a bad idea. I say “may” because it could also be a double edged sword. A document signed by the buyer should indicate that they are aware that a venomous snake:
- Is an inherently dangerous, and potentially deadly animal.
- Will attempt to envenomate people and animals
- Requires special escape proof housing.
- Requires special safe handling techniques and practices.
- Presents a potentially lethal danger to the purchaser.
- Presents a potentially lethal danger to all people and animals in the same building in which it resides.
- And the ownership thereof, is prohibited by some state laws and local ordinances.
- And the ownership thereof, will expose the purchaser to civil and criminal liabilities.
Further more it should be stated that the purchaser accepts all civil, criminal, legal and monetary liability for the possession of, and consequences of owning, the animal after the sale. I would also restrict sales to anyone below the age of full majority, 21.
Because of the different laws such a document will carry different weight in different jurisdictions. But at least it will serve to prove that the purchaser was aware of the hazards and responsibilities. The double-edged sword part is that by providing the document, it shows that you know them too. Neither of you can play dumb, or claim ignorance. It may put an extra burden on the seller to determine that the purchaser is qualified. Please note that I am not a lawyer, so take this for what it’s worth!
Paul M. Kaczmarczik
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RE: Liability waivers?
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by GREGLONGHURST on November 24, 2006
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I think the waiver you are referring to is known as a "Hold Harmless Agreement". I cannot attest to how effective they are.
~~Greg~~
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RE: Liability waivers?
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by rickyduckworth on November 24, 2006
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that woman that spilled hot coffee on herself knew it was dangerous but won millions.
that guy that held up an advance auto parts won over 1 million because a door handle sliced his hand on the way out
another guy won millions for tripping over the mound around a light pole at walmart.
frivelous lawsuits are cake.
it would be better to simply leave no paper trail so you could deny involvement
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RE: Liability waivers?
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by kacz on November 24, 2006
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Please, don't perceive this as an attempt to hijack this thread. Instead, it is in response to Ricky's common and understandable frustration with our court system. All is not as it seems, however. Two hundred years ago Thomas jefferson quipped" A man who reads nothing at all is better informed than a man who reads nothing but the news papers." Nothing's changed! I urge you to visit the following websites and read what they have to say on these matters, including the plight of Stella Leibeck and her cup of coffee. They may restore some of your faith in the system and reinstill justification for liability waivers.
http://www.saynotocaps.org/op-ed%20page/The%20infamous%20coffee%20spill.htm
http://www.vanfirm.com/mcdonalds-coffee-lawsuit.htm
http://www.iaba.org/Law%20Review%20VOL%202/Law_Review_Vol2_CHartley.htm
Paul M. Kaczmarczik
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RE: Liability waivers?
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by kacz on November 24, 2006
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Oops! The comment about the newspaper was not meant as an affront to Mr. Duckworth. Rather, it was an acknowledgement of the stilted and biased reporting that is, and always seems to have been. Sorry if there was any confusion.
Paul M. Kaczmarczik
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by plainblain on November 25, 2006
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I have sold lots and lots of gun in my life. All legal and no problem. I have NEVER sold a hot snake to anyone that I do not know or does not have a referrance to someone I do know. I would NEVER sell to anyone out of the "Blue".
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