To the Detroit Marathon Runners

Next weekend, thousands of runners will line up in downtown Detroit for the Detroit International Marathon, and I'll be thinking of them. For several years, my husband and I were among those runners at the starting line for the half marathon, and there is no greater runners high than crossing over the Ambassador Bridge as the sun is rising.

As a personal injury attorney, however, I probably see races a little differently than the average runner.  I have completed the race in rain, sun, and snow, and this taught me something I carry into my work today: weather and conditions change what's underfoot. Wet pavement, slick metal, leaves, and ice turn an ordinary stretch of road into something that demands attention, and could lead to injury.

This leads us to something that most runners don’t give a second thought: liability waivers. When you sign up for an event like this, you almost certainly click through one before completing your registration.  There are few general points worth thinking about:

• Waivers are common and can be enforceable. In Michigan, a clearly written release can bar claims based on ordinary negligence. But waivers have limits. They generally don't protect against gross negligence or willful misconduct, and how a waiver is worded and the circumstances matter a great deal. This was confirmed recently by the Michigan Court of Appeals in Swanson v Bittersweet Ski Resort, Inc, which stated, “In sum, although it was not against public policy for defendants to contract against liability for plaintiffs’ claim of ordinary negligence, defendants could not contract against liability for gross negligence. Thus, the terms of the release of liability do not preclude plaintiff’s claim of gross negligence.”

• Premises liability is its own area of law. Property owners and occupants can have a duty to keep their property reasonably safe for people lawfully there. Hazards like broken pavement, poor lighting, or unaddressed ice can raise questions about who was responsible for fixing them.

• Public roads and sidewalks are different. Claims involving government-controlled property can involve special rules, including strict notice deadlines, and immunity law. Waiting to ask questions can limit your options.

• Signing a waiver doesn't mean you can't ask questions. Whether a claim exists depends on the facts: who controlled the area, what they knew, and what the document says.

To Everyone Running This Weekend

I hope you take a moment on that bridge to look up and take it all in. Most of all, I hope everyone has a safe race. Watch your footing on the bridge and on wet or cold pavement, dress for the weather, hydrate, and listen to your body. There's no shame in slowing down or walking when you need to.

If something does go wrong, whether it's a fall, an injury, or a hazard that should have been fixed, take photos, report it to race staff or medical personnel, and keep your records. If you have questions afterward, don’t hesitate to call Dierwa Law – we’d be happy to help.

Have a wonderful race, Detroit. Give that sunrise a little wave from us.