Mass. Waiver Agreement?

[WVM]

Hi all,

The NRA Trainer's guide has a sample "Release, waiver, indemnification...agreement" for use in Basic Pistol classes. However, it also says to have your own lawyer draft your form, because the sample may not be enforceable in all states.

My question is: Does anyone know of a standard form that works for Mass? If not, know of any friendly lawyers who could draft one without breaking the bank?

Best,
WVM

 

[cfreedman]

Liability Waiver in MA

MA does not allow for liability to be passed to the consumer. You might still want individuals to sign it and hope that if someone does get injured, they say "oh I cannot sue, I signed that waiver" but if they do sue, no liability waiver will hold up in court. You might want to contact your attorney for advice in this area. But if I were you , I would use the sample document and have a solid insurance policy.

All the Best,
Curtis

 

[M1911]

MA does not allow for liability to be passed to the consumer.

True. But based on news coverage of the trial that followed the Westfield accident, it appears that the fact that the father signed the waiver and the waiver described the risks (including death) had some impact on the verdict.

 

[MisterHappy]

Guns are Icky (tm) - remember that.... There should have been NO judgement against the defendants in the Westfield case, just as if the kid had gone off the trail at a ski area and hit a tree.

But, especially in Mass....if a gun's involved, reationality goes and emotion rules......

 

[Rob Boudrie]

Two standard bits of info any decent attorney will give you:

1. Do not count on a waiver standing up

2. Get a waiver

To make it interesting, have an attorney draft a waiver agreeing that the signee agrees to indemnify you for all defense expenses in the event they bring a suit and do not prevail. While it is questionable that such a term would be enforced, it could have the effect of making filing a suit something less than a "zero risk, all gain" proposition for the plaintiff.

 

[robmcd]

1. Consult a lawyer regarding a waiver form (I agree w/Rob Boudrie)

2. Stick to the NRA course curriculum

3. Buy the NRA endorsed Instructor insurance

4. File your home under MGL c.188 Homestead (protects $ 500K)

 

[Rob Boudrie]

Be careful about "NRA Endorsed" insurance - if the instructor insurance is like club insurance, it may not be the best option. Remember, there is an extra middleman (the NRA gets a cut of the action) as a result of the NRA endorsement. I believe it's claims made, not occurrence, based - so you're hosed if the policy lapses and someone sues you years later because you "didn't train them well enough".

When I compared the NRA club policy to one I found from a regular insurance broker, the NRA coverage exclusions looked like swiss cheese - the most glaring example being "suits brought by members not covered".

 

[WVM]

1. Consult a lawyer regarding a waiver form
...

4. File your home under MGL c.188 Homestead (protects $ 500K)

Thanks for all the replies, but you guys are NOT lifting my spirits this morning.

Know any firearms friendly (and knowledgeable) lawyers in Berkshire County?

Where can I fund out more about "MGL c.188 Homestead"? Never heard of it.

 

[Len-2A Training]

Where can I fund out more about "MGL c.188 Homestead"? Never heard of it.

Here's some reading that should answer this question (Google is your friend ).

http://www.lawlib.state.ma.us/subject/about/homestead.html

http://www.norfolkdeeds.org/index.cfm?pid=10221

 

[WVM]

Here's some reading that should answer this question (Google is your friend ).

Sorry Len--I'll try Google first next time. But those links were very helpful and answered my questions. I've already printed the form! Thanks!

Best,
WVM