First (Legal) Impressions of Living in the US

One of the most fascinating aspects of living in other countries is to see just how different the approach to the law and legal issues can be. Our recent move from Switzerland to Texas highlighted how this can impact our day-to-day lives.

Case study 1 – doctors’ appointments

Switzerland – make the appointment, turn up, the invoice for payment arrives a few weeks later (via post).

 US – “You’ll need to be here half an hour before your appointment to check in”, instructed the medical receptionist. To ensure I had given legally valid “informed consent”, upon arrival I was handed a clipboard with at least 10 pages of forms to fill in, including multiple release and waivers covering (what felt like) every possible negative outcome from the appointment.

Case study 2 – school field trips

Switzerland – “Hey mum, today we went with school to [insert cool excursion place]”, not all field trips were advised in advance. And for little ones in childcare, they went out every day, including on public transport.

US – All field trips require the signing of a detailed waiver and release form. Even parents joining as volunteers on the field trip may only do so if they agree to waive their rights.

Case study 3 – catching a bus

Switzerland – buy ticket, catch a bus.

US – The rodeo is a big deal in Houston, so to save on traffic and parking hassles we opted to catch the bus shuttle service from our neighborhood directly to the rodeo. Before I could buy the bus tickets, I had to agree to a lengthy waiver including the following wording:

“1. The risk of injury from the activities involved in this program is significant, including the potential for permanent paralysis and death, and while particular skills, equipment and personal discipline may reduce the risk, the risk of serious injury does exist; and,

2. PARTICIPANT KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation;…”

I guess riding a bus could result in permanent paralysis or death, but, to be honest, it wasn’t the first thing I thought of when I was planning the trip!

My take-outs

From my legal education and experience in Australia, before moving to Switzerland I was accustomed to a more “legalistic” and risk adverse approach. My time in Switzerland showed me that a less legalistic approach can be refreshingly simple and efficient, both personally and professionally. I am grateful to be able to experience first-hand these differences, as it enables a better appreciation of the context when dealing with multi-jurisdictional agreements and issues.