Erin Bosman, Julie Park, and Erin Lupfer authored an article for Corporate Secretary outlining the considerations companies should keep in mind when creating or updating a liability waiver to reduce legal exposure related to COVID-19.
“A [liability] waiver operates as a contract between the company and the signing party to acknowledge the risks associated with the activity or product and to agree not to hold the company liable for those risks, subject to certain limitations,” the authors wrote. “Companies that have never used a liability waiver should at least evaluate whether one should be used in order to mitigate potential liability or claims related to COVID-19.”
They added that “most waivers do not account for highly contagious diseases like COVID-19, meaning that even companies with pre-existing liability waivers may want to update them with language specific to the coronavirus.”
Read the full article.