Can I Sue Greyhound for Lost Luggage Despite a Disclaimer?
Full Question:
Answer:
A release and waiver of liability may be used to protect a business from the foreseeable damages that may occur in the scope of being employed to perform a service. A release form will generally be upheld as long as the contract for services is entered into freely and the damage isn't caused by an intentional, willful, or reckless act.
The answer will be a matter of subjectve determination for the court, based on all the facts and documents involved. Some of the factors the court may consider, among others, include the size of the print and visibility of the disclaimer, how the item was lost, the fragility of the luggage, etc. Beware that cashing a check offered by the company may include a release of claims, so that if the check is cashed, no further damages amount may be sought.
An out-of-state defendant may be served with the complaint under a state's long-arm statute if the requirements for exercising long arm jurisdiction and due process requirements are met. If the defendant is out of state, due process requires that they must be shown to have contacts in the forum state of such a nature that they could reasonably foresee being sued in that state. Whether minimum contacts exist so that the court has personal jurisdiction over an out-of-state defendant is a determination made based upon the facts and circumstances in each case.
Minimum contacts can be established by consent where a party signs a contract with a forum selection clause, agreeing to litigate in a specified forum. If minimum contacts don't exist, the defendant must be sued in the state where they reside or regularly conduct business.
