Waiver Releases Defendant from Negligence, But Not Gross Negligence
A plaintiff, who was injured during a paintball competition, scored a solid victory in federal court against the entity that staged the competition.
While the court agreed with the corporate defendant that the waiver and release it uses, and the plaintiff signed, is enforceable with regard to the plaintiff’s negligence claim, the document “did not waive or release any of plaintiff's claims for gross negligence, strict liability, or breach of the implied warranties of merchantability a