HOA dog parks, liability and waivers

QUESTION: With regard to dog parks… If the HOA posted self liability signs , had dog owners sign waivers, etc. similar to the warning or info signs that cities put on the entrances to dog parks, would that change the liability environment as far as the HOA was concerned? I would guess that in the event a lawsuit was filed it would be between the parties injured, the HOA could be named but would the HOA actually have to defend itself?

ANSWER: The HOA may still have to defend itself. Those types of warning signs, assumption of the risks and waiver agreements may be set aside if the Plaintiff can show the HOA was negligent. True, these types of signs/agreements may increase the chances of getting an HOA dismissed from a case but just because it gets a waiver or because the homeowner assumes the risk does not mean…

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