Liability Waivers And Disclaimers Enforceable?
There are many situations in which you will be asked to sign liability waivers. For example, they are common if you are participating in a sports league, running a race, skiing at a resort, or joining a fitness center. Essentially, the businesses need you to sign these documents so they are protected if an accident injury is sustained.
In many cases liability waivers are valid, but there are situations in which you can have a path to compensation due to another’s negligence even though you signed a waiver. For example, language within a waiver needs to be specific, and the document needs to be drafted using terms that are clear to the individual signing it. To have the details of your accident injury assessed, connect with a Bucks County personal injury attorney.
Facts of Injury and Negligence
Part of determining if you have a case even if you signed a waiver is analyzing the facts of your injury. Whether there was ordinary negligence or gross negligence will make a difference. Essentially, individuals signing a waiver are signing away the possibility of harm that is connected to ordinary negligence, or acting reasonably and taking on assumed risks of the activity.
Gross negligence is different from ordinary negligence and is a conscious violation of other’s safety. For instance, if you sign a waiver to join a gym, you are assuming the risks of personal injury while exercising, but if there is an area under construction that is not clearly marked and you fall and break an arm, there may be a legal path forward. After all, negligence puts you in danger, so it may not fall under the ordinary negligence of a liability waiver.
Errors In Waivers
There are also times when legal action can move forward because there were errors in the liability waiver signed. Additionally, waivers can be called into question if the wording is ambiguous or there is key information that is buried in the fine print of a long document. Pertinent language needs to be prominent and clear.
Every situation is unique. But if a Pennsylvania organization tells you they bear no responsibility for the financial damages of your accident because you signed a waiver, talk to a Bucks County personal injury attorney. While they may be right, that you have to pay for the expenses on your own, they also have no gain in investigating the possibility of legal action. Maybe there is a path to compensation they were not aware of or hadn’t considered. An experienced lawyer can look over the waiver and inform you of any options you may have.
Were you injured in an accident after signing a waiver but believe you still deserve to be compensated for financial damages? The family law attorneys at Kardos, Rickles & Hand can look over your documentation and walk you through possible resolutions. Businesses have their own attorneys working for them, you need a legal expert on your side fighting for your rights. Schedule your consultation today, call 215-968-6602.