Reading the fine print
Many believe that signing a waiver or contract prevents them from filing a personal injury claim. Waivers and contracts that attempt to limit liability are commonplace in our daily lives. We’re often asked to sign our rights away from gym memberships, adventure sports, and rental agreements to medical procedures.
Businesses and organizations often draft these documents to protect themselves from liability, but that does not always mean you have no legal recourse. Can you still file a claim after signing waivers and contracts? If you suffered an injury due to negligence or wrongdoing, you may still have the right to seek compensation despite signing a waiver or contract.
Understanding when a waiver is enforceable can be critical in determining your legal options. Let’s explore the scenarios where you can still pursue a claim and when a waiver might hold up in court.
When you can still file a personal injury claim
Gross negligence or recklessness
A waiver typically covers ordinary risks, such as falling while playing a sport or getting injured during a recreational activity. However, if the responsible party acted with gross negligence or reckless disregard for safety, a waiver is unlikely to shield them from liability.
Example: A zip-lining company neglects to inspect its equipment, causing a harness to fail. Even if you signed a waiver acknowledging the risks, the company’s reckless failure to maintain safety standards could make them liable.
Intentional harm or misconduct
Waivers do not protect individuals or businesses from intentional harm. If someone deliberately injures you, they cannot use a waiver to escape responsibility. No waiver can protect against intentional wrongdoing.
If a fitness trainer deliberately pushes you beyond your stated limitations, causing injury, or if a business intentionally creates hazardous conditions, you may have grounds for a lawsuit regardless of any signed waiver.
Example: A security guard at a venue uses excessive force, injuring a guest. The venue cannot hide behind a waiver to avoid liability for intentional misconduct.
Unclear, overly broad, or unenforceable waivers
Courts may refuse to enforce waivers that are too vague, overly broad, or violate public policy. Many states impose strict regulations on waiver language and enforceability.
Example: A gym waiver attempts to release the facility from all liability, including gross negligence. Courts may reject such broad waivers because businesses cannot legally absolve themselves from all types of negligence.
The waiver was signed under duress
If you were pressured or forced into signing the waiver, it might not be valid. For example, if you were told you couldn’t participate in an activity unless you signed the waiver moments before it began and were given no opportunity to review it, a court might consider that duress.
The other party breached their contractual duty
Sometimes, a contract outlines specific obligations for both parties. If the other party fails to fulfill their bargain, the waiver or contract might be rendered void. For instance, if a health club promises to maintain its equipment in safe working order but fails to do so, and that failure leads to your injury, the waiver you signed might not protect them.
Minors and waivers
Generally, waivers signed by minors are not enforceable. There are exceptions, but the law typically protects children from waiving their rights to sue for injuries.
When a waiver may prevent a claim
Although waivers do not always eliminate liability, courts will uphold them in certain circumstances:
If the injury resulted from an inherent risk – If the injury was a foreseeable risk of an activity and was not caused by negligence, the waiver may prevent legal action.
If the waiver is clear, specific, and legally enforceable, a well-drafted waiver that explicitly outlines risks and is signed voluntarily may be upheld in court.
What should you do next?
If you signed a waiver or contract and suffered an injury, do not assume you have no legal options. Many factors determine whether a waiver is enforceable, and only a skilled personal injury attorney can properly evaluate your case.
Navigating the complexities of waivers and contracts can be challenging. Every case is unique, and the specific language of the waiver or contract and the circumstances of your accident will determine its enforceability.
Can you still file a claim after signing waivers and contracts? If you’ve been injured and signed a waiver or contract, do not hesitate to contact Amil Minora law firm for a free consultation. We can review your situation, analyze the relevant documents, and advise you on the best course of action. Don’t let a piece of paper stand between you and the compensation you deserve. Contact us today – we’re here to help.