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.

Sponsorizzato

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

Cerca
Categorie
Leggi tutto
Altre informazioni
Arbitration and No Fault Fraud Claims
Arbitration May be used to Resolve Fraud Read the full article at https://lnkd.in/gAwRDxQA and...
By Barry Zalma 2023-07-05 12:50:04 0 5K
Networking
Singularity Experience The Marker, The Desert, The Bridge
What is the Singularity? What is the Singularity? Trello Board 888...
By Rock IXOYE 2020-01-17 19:08:36 0 14K
Altre informazioni
Insurance Fraud - Discover and Defeat
A Video Explaining How to Discover and Defeat Insurance Fraud Read the full article at...
By Barry Zalma 2021-06-25 13:07:52 0 4K
Altre informazioni
Present as Real a Free and Imaginary Oral Estimate as Proof of Claim is Fraud
False Swearing & Fraud in Claim Presentation Voids Policy Read the full article at...
By Barry Zalma 2024-07-15 13:06:52 0 1K