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If You Sign a COVID Liability Waiver Do You Still Have Rights if You Get Sick? - YouTube
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- You don't follow proper
protocol and I've become infected,
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can I still Sue you, even
though I signed this waiver.
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- You always have the right to sue.
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Access to court is a fundamental right.
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What's going to change is whether
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or not it'll be a successful
lawsuit and that will change
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and be determined based on the facts.
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These liability waivers are
essentially raising the burden.
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So now, before COVID-19,
ordinary negligence was
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what was in play, but these
liability waivers are protecting
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businesses, adding an
extra layer of protection
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and basically saying, you
can be ordinarily negligent,
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but you can't be grossly negligent.
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You can't have willful or
intentional misconduct.
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- Okay, you used a big word, negligence,
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and we hear this very often
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when we watch these legal dramas.
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Let's distinguish between negligence
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and what is considered
to be gross negligence.
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- Negligence in effect is when
there's an unsafe condition
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caused by a business's failure
to exercise reasonable care
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or an admission that they
shouldn't have omitted.
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It's about having a reasonable
duty that was breached.
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For example, a hair salon
might require masks to be worn
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by customers, but failing
to enforce the CDC guideline
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of wearing those masks might
be considered negligent
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on behalf of the salon.
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Gross negligence, on the other hand,
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is a willful, intentional, total disregard
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for the customer safety
despite a known risk.
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So what does that mean?
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That means that say an owner
of a gym has personal trainers
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and members of the gym, and
say that the owner of the gym
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or the boss of the gym knows
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that one of the trainers is sick,
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and as the legal
representative of the gym,
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the owner looks the other
way and allows the trainer
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to train the member, and the
member gets sick with COVID-19.
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That would be willful misconduct
and intentional disregard
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for the safety of the public.
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So that's a difference.
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It's ones ordinary negligence
or lack of reasonable care,
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maybe unintentionally
ignoring the guidelines,
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and the other one is intentional,
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willful, grossly negligent.
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What's gross, gross is a
heightened level of negligence.
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- And to button this point up,
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what you're saying is even if you sign one
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of these COVID-19 waivers,
you still have grounds
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for something if it's gross negligence.
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- Yes.
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- So let me ask you, Carissa,
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what should we be looking for
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when we're signing the
dotted line, what exactly?
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- You should consider, one,
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whether or not the language
is simple and clear.
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These are often handed to you on the spot.
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You don't have a chance
to seek outside counsel.
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So when an ordinary person is reading it,
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is it simple and clear?
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Is it understandable?
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Second, when you're
there, be vigilant, look,
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inspect the premises.
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Are they proper protocol?
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Is there signage in place?
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Do you feel like you
have to sign this waiver
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in order to enter the premises?
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All of that will be taken
into play on whether
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or not it'll be enforceable.
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Another tip that you should consider
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is the importance of the service.
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So is it going to Disney World
or is it going to a doctor?
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It comes down to, is this
a service that I want,
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or is this a service that I need?
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If it's a service that I just want,
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then more likely it will be enforceable,
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and you're assuming the risk.
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If it is a service that you need,
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like going to the doctor
and they're forcing you
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to sign this in order to see the doctor
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when your life might be at stake,
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and you need to see the doctor anyway,
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then the waiver may be less
enforceable in a court of law
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because that's a service you need.
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- Carissa, this is great information.
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A lot of schools, by the way,
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are making parents sign these waivers.
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There's a lot of confusion,
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and I think it's important
that people should know
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that even if you do sign these waivers,
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that does not mean that
you've taken away your right
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down the road to pursue a lawsuit
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in the event that something happens.
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Thanks for breaking
down all the legal ease
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and of course,
- thanks for having me.
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- giving us all your expertise.
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