Waiver of Punitive Damages Must be Clear & Unambiguous

0
3K

Pre-Injury Waiver Must be Unmistakeably Clear

Read the full article at https://www.linkedin.com/pulse/waiver-punitive-damages-must-clear-unmistakeable-zalma-esq-cfe and at https://zalma.com/blog plus more than 3800 posts. 

Jessica Kruger, a doTERRA International, LLC (doTERRA) distributor or Wellness Advocate, purchased a doTERRA product and applied it to her skin before visiting a tanning salon. Shortly thereafter, Kruger was diagnosed with second and third-degree chemical burns. In doTERRA International, LLC v. Jessica Kruger, 2021 UT 24, No. 20191040, Supreme Court Of The State Of Utah (July 1, 2021) the Supreme Court was asked to allow a pre-injury waiver of punitive damages.

ZALMA OPINION

Waiver, to be enforceable, must be intentional, knowing, clear, unambiguous and unmistakable. To give up an important right like the right to sue for punitive damages for the sale of a dangerous product without warning about its propensity to cause burns if applied to a human body that is then exposed to sun or a tanning bench requires knowledge. She waived some damages as a seller of the product but not to be the victim of second degree burns.

Sponsored

We are 100% funded for October.

Thanks to everyone who helped out. 🥰

Xephula monthly operating expenses for 2024 - Server: $143/month - Backup Software: $6/month - Object Storage: $6/month - SMTP Service: $10/month - Stripe Processing Fees: ~$10/month - Total: $175/month

Xephula Funding Meter

Please Donate Here

Search
Categories
Read More
Other
Broker Not Agent of Insurer
Independent Agent Represents his Principal, the Insured Read the full article at...
By Barry Zalma 2023-02-07 14:00:34 0 4K
Other
I am Honored to Speak at the 44th Fraud Conference
Barry Zalma will Speak on November 8 on “The Examination Under Oath, a Perfect Tool to...
By Barry Zalma 2022-10-19 20:33:51 0 5K
Other
They keep trying: But They Need to Prove Direct Physical Loss
Fifth Circuit Again Concludes Direct Physical Loss Required for Business Interruption Coverage...
By Barry Zalma 2022-01-31 13:55:33 0 3K
Religion
The Comatose Church!!!
I was reading an article by www.trendingpolitics.com where Dr. Fauci, has been given an...
By Gabriella Reid 2020-12-24 17:15:34 0 6K