California is fortunate to have some of the most diverse and beautiful scenery in the country. Not only does the state’s landscape provide for excellent sight-seeing, it also gives the more adventurous the opportunity to engage in a wide range of recreational activities. From swimming and surfing to skiing and camping, Californians are known for getting out there and enjoying what their state has to offer.
Many times, when someone participates in a recreational activity, the owner of the land or the provider of the service will require the participant to sign a release-waiver prior to engaging in the activity. These waiver forms generally act to limit a participant’s ability to file a California personal injury lawsuit should anything go wrong when the participant is enjoying the activity.
A recent opinion issued by a federal appellate court discussed the validity of these waivers and the factors courts will consider when determining if they are enforceable.