Courts stoking the litigation explosion: “For years, companies that sponsor higher risk activities such as scuba diving and skydiving have asked participants to sign waivers designed to absolve them from lawsuits if injury or death results. Yesterday, a [New Jersey] state appeals court declared those release forms do not bar relatives from filing a wrongful death lawsuit. … The court said while [Eugene J.] Pietroluongo [who died in a scuba diving accident at age 44] had the power to sign away his right to sue, the law did not allow him to sign away the rights of his survivors to bring a wrongful death lawsuit.” The court declared the waiver, voluntary or no, to be unenforceable as a policy matter. Attorneys, presumably deadpan, said the decision “could result in more lawsuits”. (Kathy Barrett Carter, “Survivors can sue despite a waiver”, Newark Star-Ledger, Apr. 13)(& letters to the editor, Jul. 26: first, second).

Filed under: New Jersey, personal responsibility, The Litigation Explosion