What Are Waivers?

There are many situations where you may be asked to sign a waiver or liability release form before participating in an activity. These waivers are designed to protect the other party, essentially asking you to give up your right to seek compensation for injuries related to the activity. However, even if you signed a waiver and got hurt, you may still have the right to seek compensation. A skilled personal injury lawyer can help you determine your options.

When Are Waivers Used?

Waivers are commonly used in several situations, including:

• Before participating in physically dangerous sports or activities.
• Before entering certain premises, such as amusement parks or recreational facilities.
• As part of enrolling in a school, college, or class.
• As a condition of employment in some industries.

The purpose of these waivers is to limit the liability of the other party by stating, “You might get hurt while participating, and if so, you agree not to sue us.” However, not all injuries are covered by waivers, and there are circumstances where the courts may not enforce them.

When Will the Courts Enforce a Waiver?

Courts typically enforce waivers if they clearly outline the risks associated with the activity and if the injury resulted specifically from one of those outlined risks. For example:

• Enforceable: If a waiver for rock climbing states that you acknowledge the risk of falling, and you fall and injure yourself, the waiver may prevent you from pursuing a claim.
• Not Enforceable: If you fall because the rock climbing guide failed to properly maintain their equipment, you may still have a case. No waiver protects against negligence or reckless behavior.

Another example involves amusement parks:

• Not Liable: If you signed a waiver, experienced chest pain during a ride, and suffered a heart attack, the park may not be liable since you accepted that risk by signing the waiver.
• Liable: If a ride’s cable snaps due to poor maintenance and injures you, the park could be held liable despite the waiver. This is considered negligence.

How Can I Challenge a Waiver I’ve Signed?

If you were injured despite signing a waiver, there are several grounds on which you may challenge its validity:

• Inadequate Risk Disclosure: Waivers must clearly outline the specific risks you are accepting. If the waiver does not list all potential risks, or if your injury was caused by something not covered, you may have grounds to challenge it.
• Inequality of Bargaining Power: If you were forced to sign a waiver in a situation where you had no real choice, such as being admitted to a nursing home under urgent circumstances, the waiver may not be enforceable.
• Signed by a Minor: Waivers signed only by minors are generally invalid. A parent or guardian must sign on behalf of a minor for the waiver to hold legal weight.
• Unclear or Deceptive Language: Waivers that are overly vague, written in complex legal jargon, or buried within other documents may not be enforceable. For instance, if the language is hidden in a concert ticket agreement or school trip form, you may be able to challenge its validity.

What Should I Do If I Signed a Waiver and Got Hurt?

If you were injured after signing a waiver, it’s essential to consult a legal professional immediately. Many people mistakenly believe that signing a waiver means they have no rights and are stuck with medical bills or lost wages. However, that is not always the case. Waivers often have limitations, and they cannot protect against negligence or unsafe conditions.

At Bert McDowell Injury Law, we specialize in helping injured victims in Connecticut. We can thoroughly examine the waiver you signed, investigate the circumstances of your injury, and determine whether you have a valid case. Our team is dedicated to fighting for your rights and helping you recover the compensation you deserve.

Contact Bert McDowell Injury Law Today

If you or a loved one were injured after signing a waiver, don’t hesitate to reach out to Bert McDowell Injury Law. We offer a free consultation to evaluate your case and provide you with clear, actionable advice. Call us today at 475-231-3274, and let us help you fight for the justice and compensation you deserve.