The Official Forum  

Go Back   The Official Forum > Basketball
Register FAQ Community Calendar Today's Posts Search

 
 
LinkBack Thread Tools Rate Thread Display Modes
Prev Previous Post   Next Post Next
  #5 (permalink)  
Old Tue Sep 15, 2020, 11:27am
LRZ LRZ is offline
Official Forum Member
 
Join Date: Mar 2014
Location: SE PA
Posts: 768
Waivers operate as an additional defense in a lawsuit: a plaintiff must prove causation by a preponderance of the evidence (the burden of proof), but with a waiver, a plaintiff would also have to overcome the assertion of assumption of the risk. Without an executed waiver, defendants have one less defense. Why would I voluntarily concede that benefit to schools?

As a lawyer, I am not interested in giving potential defendants a shield against liability.

More hypothetically (please note the conjecture here), schools might be motivated to "hide" behind waivers instead of fully complying with best practices to avoid the spread of the virus.
Reply With Quote
 

Bookmarks


Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are On
Pingbacks are On
Refbacks are On



All times are GMT -5. The time now is 10:14pm.



Search Engine Friendly URLs by vBSEO 3.3.0 RC1