Waiver of Punitive Damages Must be Clear & Unambiguous

0
3KB

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.

Gesponsert

We are 100% funded for October.

Thanks to everyone who helped out. đŸ„°

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
Nach Verein filtern
Read More
Other
Failure to Pay a Premium Results in Cancellation
Failure to Pay a Premium Results in Cancellation Read the full article at...
Von Barry Zalma 2024-09-30 12:23:00 0 870
Other
Supreme Court of Delaware Reads Policy
Economic Damages not a Risk Insured Against Read the full article at...
Von Barry Zalma 2022-01-14 13:28:11 0 4KB
Other
Risk Transfer Works
Indemnity and Defense Agreement Must be Enforced Read the full article at...
Von Barry Zalma 2022-01-05 13:56:08 0 3KB
Crime
Arson is not Evidence of Love
Read the full article at https://lnkd.in/gNAtuqaq and see the full video at...
Von Barry Zalma 2022-11-18 13:43:39 0 5KB
Other
A Theft is a Taking of Property
A Decision Finding Theft Can Be a Taking of More than Money Costs National Union $22,114,883...
Von Barry Zalma 2021-08-31 12:24:26 0 4KB