Are Liability Waivers Enforceable in a Personal Injury Case?

Anytime you participate in any recreational activity, you may have to sign a liability waiver. This includes a gym membership, rock climbing gym, or participating in school sports. Most people sign these waivers without giving them a second thought. However, these waivers are enforceable contracts. When you sign them, you may be giving up your legal rights to sue for accident injuries.

There are exceptions. Not all waivers are enforceable, and generic waivers don’t cover all injuries. You may still be able to file a personal injury lawsuit even if you signed a release form. For more information about injury liability and waivers, talk to a personal injury lawyer.

What Is a Liability Waiver?

A liability waiver is a legal agreement acknowledging the inherent risks and promises not to hold the other party liable. Liability waivers generally include:

• Warning of the risks involved
• Verifying your assumption of those risks
• Release of liability in the event of injury or harm

For example, you are going to go parachuting with a skydiving company. The agreement may provide that you understand the dangers involved in skydiving. You voluntarily enter into the agreement. You also agree not to hold the skydiving company liable for any injuries that may result.

Are Liability Waivers Enforceable?

Just because you signed a contract does not mean the courts will enforce the contract. Many businesses use a form waiver that they print off the internet. However, the waiver may not comply with state laws for a waiver of liability.

Some states won’t enforce overly broad exculpatory agreements. Many other states put restrictions on limiting your right to sue after signing a release. Businesses may have to be very clear about the disclaimers and only limit liability for ordinary negligence.

Can You File a Personal Injury Claim if You Signed a Waiver?

A personal injury case is a way for the injury victim to recover compensation for any damages caused by an injury accident. You can recover damages for serious injuries caused by negligence. However, if you waive your right to file a personal injury claim, you may be unable to file a lawsuit.

A waiver does not automatically mean you lose your legal rights. Some waivers are not enforceable. Waivers may not excuse all types of negligence. For example, if your state does not recognize broad liability waivers, you may still be able to file a personal injury lawsuit.

Waivers May Not Excuse Intentional Actions or Gross Negligence

Even if a waiver seems like all claims are waived, you may still have rights under state law. States may not enforce certain waivers based on public policy. If a recreational activity company violated state safety laws or regulations, you may still be able to file a personal injury lawsuit.

Waivers might protect against ordinary negligence but not against gross negligence, recklessness, or intentionally caused injuries.

Waiver Doesn’t Include the Cause of Injury

A waiver may not include all causes and types of injuries. If you were participating in a marathon and a drunk driver drove onto the closed course, causing a car accident, the race waiver may not include the driver. You may still be able to file a personal injury claim against the driver even if you signed a waiver.

Minors Generally Can Not Sign Legal Contracts

Minors under 18 are generally limited from entering into legal contracts. If a minor signed a waiver of liability, you may be able to cancel the waiver because the contract is not enforceable. Even if a parent waives the child’s rights, the child may still be able to recover compensation in a personal injury claim.

Can You Negotiate a Liability Waiver?

Waivers often contain language at the bottom, saying you had the opportunity to review the waiver with an attorney. However, the reality is that you are usually handed the waiver just before participating in the activity or sporting event. If you tell them you want to get legal advice first, you probably won’t get to participate.

You should also be able to negotiate the terms of the contract if you disagree. However, most businesses won’t negotiate and will just say you can’t participate if you don’t sign. If you have any doubts about your legal rights or safety concerns, don’t feel pressured into signing the contract. If you are injured, the waiver may limit your rights to recover compensation. If you have questions about your legal options after signing a liability waiver, talk to a personal injury attorney.