Attorney, Richard Bell discussed on This Morning with Gordon Deal


The twenty twenty season are we entering a time where you'll have to sign a coded waiver everywhere you go like whenever you go to the gym or book a table at a restaurant or interest salon hotel we're joined by liability attorney Richard bell author of a book called why insurance companies hate when you hire a lawyer Richard set this up well well this is a a very hot issue right now so here's what it is so let's let's start with the regular consumer can run to president trump in a minute but the broker at the everyday consumer you go into a barber shop or restaurant GMS store they may be present you with what's called a waiver of liability and it will be worse one analyst sensually stated on the form that we're not responsible if we're negligent and you get coped that's the basic language of it so the big question becomes does that piece of paper mean anything and she just found it right so just because you sign a waiver right and I think we might have learned in I'm no lawyer won a one doesn't mean you can't sue that they are excellent excellent Gordon says that that is a great advice you're giving because because it's absolutely true because okay well we were all very from state to state it is some basic principles in almost all the state half and that is okay you sign a waiver what is it me or number one depending on the state it may be interpreted more in favor of the consumer than the business number two they have to have a very clear language in the case of cold food you're gonna they're gonna have to state very specifically what they're talking about that you didn't contract code here something that nature and it's going to have to be in a certain bond and most importantly this is almost across the board I can't speak for fifty states but that consideration of most say that while a business can contract itself may be out of the ordinary negligence it can not contract itself out of gross negligence wow okay so that would cross the board subject to interpretation I guess right yes so basically in in very simple language so ordinary negligence is the failure to use ordinary caring gross negligence and basically you are failing to news any flight caring you're you're completely disregarding the rights and safety of others so let me give you a couple examples that might come up in the conflict situations ordinary negligence maybe that's you not properly monitoring the social distancing of your customers are not properly monitoring the times which you disinfect the place let's step it up what might gross negligence being like you said it's always subject to interpretation by court so grossly negligent might be you write your employees come to work with symptoms okay that sounds like a the next level well how about you in a restaurant you put the tables two feet apart they should be six feet apart as we all know the guidelines right now so that's where this issue might come up we're even though you sign something according to a second that was gross negligence you're not you're not getting contracted out of that speak with Richard bell liability attorney also author of a book called why insurance companies hate when you hire a lawyer we're talking about waivers that we might see put out from businesses as customers perhaps enter their doors the the waiver just it doesn't sound customer friendly recording this is a excellent point selects the away from the waffle one second go to the public relations part if I show up at a restaurant or body shop and they present with the wave of the first thing I say is what's the matter you're not doing the right thing here you're not you're not a safe place to me why am I have to find it and if if you are gonna perceived as someone who really want to go to that place Hey you got to read it and be happy to see them Hey I want inspector place I want to see what procedures you are following a one a look at it I want to see what but notices around the wall and if you're not satisfied walk out wow with the I guess that would be a right you walk into the restaurant the hand your waiver before you sign it you say I want a full to work sure absolutely not I guess customer consumers have all the power we always forget that I do consume the water and consumers forget you have the power you have the power to purchase so what's going to happen here Richard's career really gonna see like this a small mom and pop shops are chain restaurants handing people waivers when they walk in and then telling them thanks but no thanks if they won't sign it I think that you are going to see some businesses I don't know how prevalent it's going to be but most likely some of larger businesses and maybe even small ones we recover the business attorney get this thing drafted and present you with it but you know what here's the big catch here I think we're creating issue that may never be there because for most businesses in order to prove your case you have to not just prove that they were grossly negligent or negligent depending on the situation but you'd have to prove that you've got the code from their establishment and that is such a.

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