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Assumption of Risk contracts, liability waivers by third parties?

Discussion in 'Workers Compensation' started by Richard Brout, Apr 19, 2019.

  1. Richard Brout

    Richard Brout Law Topic Starter New Member

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    Jurisdiction:
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    I work full time for an engineering services company. We have a new customer wanting to us to do a job at their facilities providing engineering testing services for several weeks. The customer just sent us a supplier access request form. In this form, in addition to typical NDA, is an assumption of risk waiver. "assume the risk of all dangerous conditions in and about XXX and release, waive and discharge XXXX from all liability to me for any and all claims or damages including injury or death arising out of or relating to my presence at XXX premises".

    I have never come across a personal liability waiver before with other customers. I don't want to sign away my rights or give them a pass on their "duty of care", and don't feel I should be compelled. What does the law have to say on my position? Can my own employer force me to sign this customer's contract as a condition of my own (future) employment? This has not been threatened or implied by my employer, but I am wondering what my standing is, and how far I want to push the issue.
    Thank you.
     
  2. Zigner

    Zigner Well-Known Member

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    There would be nothing illegal about terminating you for refusing to sign.
     
  3. army judge

    army judge Super Moderator

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    Your employer can't abdicate the corporate responsibility for you, if you are harmed, maimed, or killed while executing your duties fpr which you were employed at the behest of your employer.

    It appears to me the client is ATTEMPTING to absolve themselves of any liability if you are harmed while performing your assigned duties flawlessly upon the premises of said client.

    Pssst, I don't see much success for said client if for example, there are numerous illegal or negligent conditions on said premises.

    On the other hand, your employer is responsible for you should you be harmed, injured, or killed while performing duties assigned to you on the worksite of one of your employer's clients.

    I see nothing that would harm you if you signed the document.

    If you want to be sure, you can always consult with an attorney in your county, or ask your employer's legal department or benefits department for free.
     
  4. Richard Brout

    Richard Brout Law Topic Starter New Member

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    Thank your for your response. I appreciate your help. If these type of waivers are not guaranteed at absolving their liability, why would their legal dept. even put this in? Is it to try to tip the scales in their favor in some way should an injury/death occur?

     
  5. army judge

    army judge Super Moderator

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    I can't explain what motivates someone to do something.
     

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