Written by our Civil Litigation Solicitor, Paul Fleming
I am not saying you should kick up a stink and refuse to sign the “Disclaimer” and ruin yours or someone else’s child’s birthday party at a ball park or other activity venue, but please bear in mind Section 65 of Consumer Rights Act 2015:
(1) A trader cannot by a term of a consumer contract or by a consumer notice exclude or restrict liability for death or personal injury resulting from negligence.
(2) Where a term of a consumer contract, or a consumer notice, purports to exclude or restrict a trader’s liability for negligence, a person is not to be taken to have voluntarily accepted any risk merely because the person agreed to or knew about the term or notice.
In effect, the Disclaimer is “not worth the paper it’s written on” in respect of an accident. The 18-year old member of staff who insists you sign it before they’ll let your child participate in the activity is, however, not going to relent and the manager is still going to tell you that “It’s the Rules, sorry”. So just sign it (as you haven’t got a choice) but remember IT IS NOT VALID. There is nothing stopping you from suing them if their negligence unfortunately results in injury to your child.
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