There are many semi-dangerous activities that require you to sign a liability waiver before you can participate. It is not uncommon to have to sign a waiver before you can go ice skating, go bungee jumping, jump out of a plane, ride a horse, or go skiing. If you are injured while participating in one of these activities, you may think that you cannot sue the business owner for your injuries due to the liability waiver, but this is not always the case. Here are three common reasons a liability waiver may be waived or invalidated.
The Risks Are Not Clearly Defined
One of the most common reasons why a liability waiver may be waived or invalidated is because the risks were not clearly defined. A business owner cannot simply state that there are risks involved in the activity and they are not responsible for those risks. The business has to state what the exact risks are. For example, if you decide to go into a shark cage, the business needs to tell you that shark bites are still a possibility. They cannot simply say there are dangers involved and be protected by the waiver.
Negligence Was Involved
Another reason why a liability waiver may be waived or invalidated is that there was negligence involved. For example, if you are bungee jumping, you expect the business to inspect the bungee cords between jumpers and replace them when they show signs of fraying. If a company is not following standard care procedures and safety guidelines, it may be negligent for injuries you sustained.
The Language of the Waiver Is Not Legal
The final reason why a liability waiver may be waived or invalidated is if the language on the waiver is not legally binding. Each state has specific language that needs to be included on waivers. If something is not included, or omitted, the waiver may not be legally binding. A personal injury attorney can look at the waiver and determine if it is binding or not.
If you have been injured and feel you cannot file a lawsuit because you signed a liability waiver, it is important to know that a waiver is not an end-all-be-all. A personal injury attorney can take a look at the waiver you signed and how and why you were injured and help you determine if filing a lawsuit may still be something you can move forward with, despite signing the waiver. Reach out to a personal injury lawyer quickly after the accident to learn more about your rights. Check out different websites or continue reading more here regarding personal injury lawsuits.