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JSpeer's avatar

Can I run a "potentially dangerous" business without being sued?

Asked by JSpeer (274 points ) March 16th, 2012 from iPhone

I had an idea to open a place where people can come to take out stress by going into a room with a cut-resistant jumpsuit, face mask, gloves, etc on and smashing various glass, or “smashable” items with a bat. (Or something like that). I can only imagine the legal issues with a business like that. But is it possible to have a form of waiver that says something along the lines of: Enter at your own risk (with more complicated legal words)? I would obviously make every effort possible to avoid injury. Where can I find out more info about this?

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19 Answers

CaptainHarley's avatar

A “breakdown room!” Good idea, but you’d play hob with people accidentally hurting themselves. Better to start a fight club and let them duke it out. : ))

JSpeer's avatar

Haha true, the problem is the first rule about fight club if you can’t talk about it – and I want people to talk about my business! Lol. I’ve never seen a place like what I’m talking about though – I think people would love it. I figure if you take the necessary precautions, you can avoid injury. Same as paintballing or something

CaptainHarley's avatar

Here’s an idea… make a bunch of padded dummies and sell various masks to put on them. You could have a host of politicians, celebrities, etc. They could pick what masks they wanted, put them on a dummy, then beat the hell out of them! Hehehe!

JSpeer's avatar

Oops messed up the question! “Physically Dangerous Business”**

JSpeer's avatar

Lol my original idea was to have separate themed rooms, like an Office, A bedroom, A restaurant. And say you go through a bad breakup – send in pictures of your ex and we’ll fill up a bunch of pictur frames and stuff and decorate the room so you can smash up whatever has been stressin you out. Work, relationships, etc

janbb's avatar

Waivers will not prevent you from liability in case of injury.

JSpeer's avatar

But I’ve gone on trips where we did, snow tubing, high ropes, rock climbing, paintballing, etc – and I signed a waiver that said they are cannot be held responsible if I get injured or Die. I assume that means as long as they have the proper safety precautions in place and functioning correctly, and you still get hurt don’t other way. They cannot be held responsible. But if they don’t have the proper safety equipment, or if their is a malfunction due to neglect or something then I couple probably sue them

JSpeer's avatar

(Stupid autocorrect)

marinelife's avatar

A women is running a business like that now. It is called The Anger Room.

janbb's avatar

@JSpeer I don’t have the laws to prove it true but my husband owns an insurance agency and he has said that waivers will not protect you against being sued. (or potentially losing a suit.) You could check that out with a business lawyer.

Jaxk's avatar

The waivers make it more difficult sue (win actually) but you can sue anyone for anything in this country. Many judges will let the suit go through even if it has little or no merit. Insurance is the biggest hurdle.

JSpeer's avatar

So I guess the best idea is to work really hard at keeping the customers safe, and having a waiver to warn them and show the court (If there were to be a lawsuit) that the person was aware or the danger and possibility of being injured before moving forward. Sound about right?

JSpeer's avatar

Sounds reasonable to me. Thanks everyone for your input, And thanks @marinelife I’ll check out “The Anger Room”

Seaofclouds's avatar

You may want to consult with a lawyer and an insurance agent to be sure you have your waiver worded in the best possible manner to protect yourself.

JSpeer's avatar

Wow she actually had the exact same idea as me! lol. But hey that’s the only one I’ve ever seen, cant hurt to spread the idea around the country. Plus I had some other ideas of my own, a twist on the concept

olivine's avatar

As a non-lawyer but law school grad, some said it here, anyone can file a law suit for anything and name anyone they wish, even if your waiver would prevent an award from a court/jury, you would still have to answer and defend (cover attorney cost) any law suit filed against you, even it it had no merit. Moral is try not to make some mad at you or let them think you did harm them in some way. That would need some strong language but it would keep most out of court even it they got hurt. Motorcycle racing has some good waiver wording and these guys get hurt a lot, check out one at a local track.
Lastly ; See a Lawyer and make the business an LLC with minimal start up money, this will limit any award from you personaly from a potential favorable Plaintiff suit.

JSpeer's avatar

Thank you very much! I’ll look into all those things. Might consider having someone certified in first aid on site as well – any scrapes or cuts can be fixed up on the spot and make the customer feel safe and comfortable. Something to think about…

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