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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
