Torts - Cases, Principles, and Institutions Fifth Edition, 2016a

Witt & Tani, TCPI 5. Plaintiffs’ Conduct
Permanente ask their patients to agree up front to binding arbitration in the event of a medical
malpractice claim. In some states, the enforceability of such agreements has been called into
doubt. See, e.g., Hernandez v. Crespo, 211 So.3d 19 (Fla. 2016).
6. Waivers in popular culture. Don’t miss Donald Glover’s Saturday Night Live send-up of
modern waiver practice. https://perma.cc/L36M-CT2M.
Waivers in Modern Life
Review the following waivers (some of which reflect one of the author’s own risktaking!).
Which do you think are enforceable and which are not? Note that the first waiver comes
right on the heels of Dalury in Vermont.
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