This information is for general educational purposes only and does not constitute legal advice. Consult a licensed attorney in Connecticut for specific guidance.
Key points about Connecticut waiver law
IMPORTANT: Connecticut courts have held that liability waivers for fee-based recreational activities violate public policy. This includes gyms, fitness studios, and recreational businesses.
The Connecticut Supreme Court ruled in Hanks v. Powder Ridge (2005) that recreational waivers are void as against public policy
Waivers shift injury costs to participants and undermine tort safety incentives
Assumption of risk remains a valid defense in Connecticut
Drafting considerations for Connecticut
Understand that liability waivers for recreational activities are generally unenforceable in Connecticut
Use assumption of risk and risk acknowledgment forms instead of liability waivers
Document inherent risks and safety procedures thoroughly
Consult a Connecticut attorney for your specific business type
Frequently asked questions
Are liability waivers enforceable in Connecticut?
Generally no for recreational activities. The Connecticut Supreme Court held in Hanks v. Powder Ridge (2005) that liability waivers for fee-based recreational activities are void as against public policy. The court found that such waivers shift injury costs to participants and undermine the safety incentives of tort law. Assumption of risk remains a valid defense.
Can I use a digital waiver in Connecticut?
Yes. Connecticut has adopted UETA and electronic signatures are valid under the federal ESIGN Act. WaiverDrop's digital waivers meet both requirements. However, the enforceability of recreational liability waivers is limited under Connecticut case law.
What should Connecticut businesses use instead of waivers?
Use assumption of risk acknowledgment forms and detailed risk disclosure documents. While liability waivers for recreational activities are generally void, documenting that participants understood the inherent risks supports the assumption of risk defense.
Create ESIGN-compliant waivers for Connecticut
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