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The Truth about Waivers of Liability

Scores of people flock to the Hawaiian Islands each year to take advantage of the stunning scenery and plethora of activities to engage in. From scuba diving to parasailing, swimming with the dolphins to taking a helicopter tour of the volcanoes, most of these sports and recreational activities require a signed release or waiver of liability. When this waiver is signed, certain rights are given up in exchange for the services provided.

These waivers of liability are fairly standard and are meant to limit or completely eliminate the liability of the business should a person suffer injuries or death. Rarely do we think about what we might be giving up as we sign these forms. When presented with a waiver immediately prior to engaging in an activity, you have little way of knowing whether the waiver fully complies with all legal requirements. You could be giving up the right to a jury trial in the event of injury or could even be giving up the right to recover compensation for your injuries.

The attorneys at Shim & Chang have been able to challenge the content or format of the waiver, particularly if it is not clear, concise and easy to read. There must be no ambiguous language, and the waiver must be stated in simple terms which could reasonably be understood by the “common man.”   All parties who are being waived from liability must also be specifically identified.

The brochures of websites which marketed your activity could have been rife with misrepresentations which induced you to participate, and this sort of fraud could, conceivably, override the waiver. Further, if the operator of the activity was negligent in training you or failed to determine if you were physically fit for the activity, the waiver may be rendered  invalid. Finally, the attorneys at Shim & Chang may be able to prove that a product  defect  was involved or that the waiver does not prevent you from pursuing a lawsuit against the manufacturer of a defective product.

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  • google
    5.0/5.0

    The attorneys of the law firm Shim and Chang are excellent, helpful, trustworthy, compassionate and conduct their business with integrity. Shim and Chang are not a law firm looking only to make money. Rather, Shim and Chang showed me they truly cared...

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    Kimberly Kau

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    5.0/5.0

    When the condo owner living above us caused water damage to our condo, we were displaced for nearly two months. When his insurance carrier refused to compensate us for the inconvenience and the temporary housing cost, we hired the law firm of Shim an...

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    Dean N

  • google
    5.0/5.0

    I was injured while on vacation in Hawaii and actually was referred to Shim and Chang by an attorney that had litigated against them in the past. I was told that if she were in my position that is who she would contact. Immediately that was a plus an...

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    Suzanne Shaw

  • yelp
    5.0/5.0

    This is the kindest, most well-prepared and capable group of lawyers you can find. I contacted them for a personal injury due to negligence. They took care of me in every way. Every member of the team, from the office administrative to legal aid and ...

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    Kimberly L.

  • yelp
    5.0/5.0

    This is the kindest, most well-prepared and capable group of lawyers you can find. I contacted them for a personal injury due to negligence. They took care of me in every way. Every member of the team, from the office administrative to legal aid and ...

    Read more

    Kimberly L.

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Roy K. S. Chang Attorney Photo
Roy K. S. Chang
Partner

With more than 30 years of practical and trial experience handling all types of personal injury cases, Roy K. S. Chang has molded Shim & Chang into a highly creative and innovative law firm that honors the Hawaiian spirit of aloha. He has achieved an AV rating from Martindale-Hubbell, the national directory of attorneys, indicating…

Harvey M. Demetrakopoulos Attorney Photo
Harvey M. Demetrakopoulos
Partner

With his unique name and background, Harvey M. Demetrakopoulos' character and experience have greatly added to the creative and innovative approach of Shim & Chang. He has been with the firm since 1996, exclusively handling personal injury cases. Raised in Honolulu, Harvey graduated from Kaimuki High School and attended the University of Hawaii at Manoa…

 Attorney Photo

Alvin Tong Shim, Founder of Shim & Chang In Memoriam of Alvin Tong Shim, November 10, 1923 - June 24, 2006 The Spirit of Aloha Born in Wailuku, Maui on November 10, 1923, Alvin Tong Shim was the second child and first son of Henry and Helen Shim. As a young boy, he earned money…

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