Family Law

questions & answers

Question: My mother has a 94 year male friend, who is a fall risk, what are her legal liabilities for having in her home. Should we have him sign a waiver?

Answer: Regardless of having a signed waiver or release of liability for private party civil/tort claims, the courts will not necessarily uphold/enforce the “Signed Waiver” defense. In Arizona, this will be a decision for a jury, which likely will consider whether the injured 94 year old claimant/plaintiff had the “capacity” to understand the waiver he signed, and whether the Waiver was part of business dealings or (as here) a homeowner-visitor relationship. It should be noted that “Premises Liability” slip-fall claims are almost always covered by Homeowner’s Insurance policies. This answer is provided for information only; if you are looking for legal advice, you may want to read the article on "Where to Find an Attorney for Specific Legal Advice