Originally Posted by ASA_Jax
Ok so when it comes right down to it. Running a field has way to many risks. So why do people play these risks? To me it doesnt make any sense why big business use waivers at all. If they are so flimsy and useless why are they still used? False sense of security maybe?
A waivor establishes informed consent.... so for example if someone decides that the welt on their ass from a bb warrants litigation for "pain and suffering"
The relevant defense would be.... he was informed that being shot with bbs would happen... so there is no negligence on the part of the host/ owner for this event.
If conversly the same fellow is shot in the ass and while he ran away blinded by the pain fell in a hole that had not be marked or defined in any way so that someone would have a reasonable expectation that it could be seen would have a case for negligence on the part of the host/ owner that a waivor would not provide any defense to.