0

In the US, Let's say I want to install a radio antenna on a building. This is for non-commercial purposes (Transmitting legally under FCC part 97) and the building owner is OK with the project.

However, if I hurt myself (ex. fall off the roof), they do not want to be responsible. I agree with this, and think it's absurd for the insurance company to go after the building owner.

Legally, will some form of a waiver suffice on removing all of the building owners responsibility for my personal injury?

Skyler 440
  • 101

2 Answers2

2

This type of waiver would prevent you from suing the owner - it would not prevent anyone else from doing so.

For example:

  1. You fall off and land on someone. That person can sue the building owner.
  2. You engage in activity which contravenes Work Health and Safety Law for which the owner has a non-delegatable duty. The government can prosecute the owner.
mark b
  • 790
  • 1
  • 7
  • 21
Dale M
  • 208,266
  • 17
  • 237
  • 460
-1

A person wanting to do this could certainly sign a document saying that s/he chooses to venture on to the roof, that s/he is well aware of the risks of doing so, assumes those risks, and that s/he holds the building owner, tenant, and manger harmless, and will not undertake any legal action against any of them or make any claim should an accident occur.

Something of the sort ought to offer the relevant parties the protection that they need, provided that the would-be climber is a competent, responsible adult. A minor's waiver might well not be enforceable, unless co-signed by a parent.

If the building has an unsafe roof, and the owner or tenant has been negligent in allowing it to exist in an unsafe condition, beyond what might reasonably be expected for the roof of a building of the relevant kind, then there might be some liability in spite of a waiver.

David Siegel
  • 113,558
  • 10
  • 204
  • 404
  • 1
    Also, generally speaking, waivers are void as contrary to public policy if they absolve the other party of liability for conduct that is intentional, reckless, willful and wanton, or that constitutes gross negligence, and waivers obtained as a result of a misrepresentation. But, tort liability that arises as a result of strict liability torts, or mere ordinary negligence, can ordinarily be waived if a procedurally validly obtained waiver is obtained. – ohwilleke Jul 11 '19 at 22:54