Q: civil code #1542 in a personal injury case what does it mean?
I deliver goods to a company in which they have you sign a yard rules agreement that contains this 1542 release. As I walking across scales I fell thru a manhole cover does that mean they are not liable for injuries?
A:
You have a workers compensation claim with your company, regardles of the waiver.
As to a claim against the company, it depends on what the waiver says, who it releases, who owns the property, who owns the manhole cover and the utilities underneath it.
If you are injured, you should discuss your potential claims with a personal injury attorney ASAP.
A: If you sign a 1542 release you waive any claims you may have. Be very cautious.
A:
Civil Code Section 1542 pertains to a general release and aims to prevent the releasor from inadvertently waiving unknown claims. In the context of a personal injury case like falling through a manhole cover, the 1542 release within a yard rules agreement may not necessarily absolve the company of liability if the incident is unrelated to the intended scope of the release. A thorough examination of the language within the agreement, the nature of the accident, and other relevant laws and regulations would be necessary to definitively assess liability.
James L. Arrasmith
Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith
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