LIABILITY WAIVERS FOR COVID CORONA VIRUS

Some states now have laws limiting lawsuits related to the spread of Corona Virus. Minnesota is not one of those states. However, individual businesses can still require a liability waiver before doing business with you. Our lawyers regularly deal with signed waivers. In most cases, it does not end well for the injury victim.

For example, a dentist office makes their patients sign a Corona Virus liability waiver before getting treatment. There is some question of whether such a waiver would be enforceable in Minnesota. Still, it is interesting that the dentist is trying to do this. Unfortunately, there are many situations where a waiver is enforceable.

The dentist’s office claims it is ‘perfectly safe’ to go there. They say they have done everything necessary to protect their patients from being exposed to the Corona Virus. But requiring a waiver should make their patients think twice about going in.

Most likely, the dentist just wants to protect himself from ‘frivolous lawsuits.’ Our personal injury lawyers are not aware of any legal cases in MN related to the spread of Corona Virus. We imagine it would be quite a challenge in most cases to prove exactly where and how a person was exposed to it. The point is that, in the unlikely event there was an outbreak tied to the dentist’s office, they want to avoid having to take responsibility for it.

WAIVERS ARE ENFORCEABLE

It is important to know that in Minnesota, liability waivers are enforceable in many (not all) situations. Sometimes they make sense. For example, if you are engaging in a risky and non essential activity such as skiing. Likewise, if you are working out on exercise equipment at a gym. In those cases, the person chooses to engage in a potentially dangerous activity. However, a liability waiver should not be allowed for businesses that provide essential services, like a dentist’s office.

Our advice is to always read the liability waiver carefully before signing. Cross out language that is too broad. And you should really think about not signing the waiver at all and possibly taking your business somewhere else.