It can be difficult to take part in many things nowadays that don't involve having to sign a waiver first. These forms have become so commonplace that few people bother to read them. You are not likely to be able to rent a party space or play in a trampoline park without signing a wavier of liability. Unfortunately, the first time you may consider the ramifications of such a waiver is after you or a family member ends up being hurt. Read on to find out more about the powers that waivers of liability hold and how you can still take action in some cases.
Liability Waivers Don't Always Protect the Business
There is no such thing as a one-size-fits-all waiver of liability. There are two sides to transactions, and the actions of both must be taken into consideration when an accident causes an injury. To have a successful claim, a victim must be able to show that the business failed to do their part to keep things safe for patrons. If your actions contributed to the injury, your claim may fail. You have a personal responsibility to be as safe as possible when you participate in activities. For example, if you ignored warning signs about running near a swimming pool and slipped, you may not be able to sue the pool's owner. Not only did you fail to observe the warning, but common sense dictates that pool areas are wet, and care needs to be taken. What more could the swimming pool have done to prevent your fall? That will need to be answered in court.
On the other hand, businesses must take every step possible to protect and warn customers about hazards. Signs and cones should designate safety hazards, rules should be posted, and the facilities should be safe and free of hazards.
When the Waiver Is Too Broad
Just because you signed a waiver, the business still has an obligation to the customers. That is why waivers that attempt to relieve a business of any and all liability are worthless. Civil law provides the means for victims of harm to take legal action against the business regardless of a waiver. Waivers that are too broad may not provide customers with enough protection.
You may be entitled to payment for medical treatment, lost wages, pain and suffering, and more. Speak to personal injury attorney about your case as soon as possible, and find out about the legality of the waiver you signed.
Share15 October 2019
When I was injured in a slip and fall accident a few years ago, my family and friends had a hard time relating to the things I was going through. While some people thought that my decision to file a lawsuit was frivolous, others were under the impression that I would walk away as a millionaire. Their lack of personal experience with this type of legal problem left me feeling alone during one of the most difficult times in my life. That is why I decided to start this blog so that accident victims from all over would have somewhere to come to get the information and support that they need. I truly hope that this page can be that place for you.