Ask Reggi Your Question Now

Reggi is the free generative AI assistance for regulatory compliance
Ask a Question

Can I require customers to sign liability waivers in Pennsylvania? What are the requirements?

Liability Waivers in Pennsylvania

Yes, it is possible to require customers to sign liability waivers in Pennsylvania. However, there are certain requirements that must be met for a liability waiver to be enforceable.

Statutory Requirements

There are no specific statutory requirements for liability waivers in Pennsylvania. However, courts in Pennsylvania have established certain requirements that must be met for a liability waiver to be enforceable. These requirements include:

  • The waiver must be clear and unambiguous [3.1].
  • The waiver must not violate public policy [3.1].
  • The waiver must be prominently displayed and not hidden in the fine print [3.1].

Risk Management Plan

If you are a health care provider in Pennsylvania, you are required to have a risk management plan as part of your professional liability insurance policy [1.1][1.2]. The plan must be submitted to the Insurance Commissioner with the submission of the revised policy or amendatory rider implementing the requirements of § 244.1 [1.2].

Filing Forms

If you are filing exemption or registration forms with the Department of Banking and Securities in Pennsylvania, the forms must be in the format prescribed by the Department in the General Instructions [4.1][4.2]. The use of an electronic signature has the same force and effect as a manual signature [4.1][4.2].

Additional Requirements

There are no additional requirements for requiring customers to sign liability waivers in Pennsylvania.

Conclusion

In Pennsylvania, it is possible to require customers to sign liability waivers, but the waiver must be clear and unambiguous, not violate public policy, and be prominently displayed. If you are a health care provider, you are required to have a risk management plan as part of your professional liability insurance policy. When filing forms with the Department of Banking and Securities, the forms must be in the format prescribed by the Department in the General Instructions. There are no additional requirements for requiring customers to sign liability waivers in Pennsylvania.

Source(s):
Jurisdiction

Pennsylvania