Can You Sue Even If You Sign a Waiver? You May Still Have Legal Recourse – Here’s How
Before any activity, it seems, we’re asked to sign a waiver. Going on a zipline? Sign the waiver. Cross-country commercial bus ride? There’s probably an auto accidents waiver involved. Attending school trips, renting a kayak, undergoing a medical procedure… waiver, waiver, waiver. Despite what you might think, if you’re injured in an experience where you had to sign a waiver, the at-fault party isn’t in the clear. Keep reading to see if you have accident cases.
Your Waiver Doesn’t Matter if the Other Party Was Negligent
When you sign a waiver, you’re not signing your personal injury claims rights away. You are merely acknowledging that there are some risks inherent in that particular activity and that you won’t sue based on the occurrence of one of these accidents. However, this doesn’t give the business or individual a free pass to misplace your trust.
A business’s lack of responsible management isn’t ignored if you signed a liability waiver. Exposing you to dangerous situations beyond what is reasonably expected, like dog bites at a go-kart track, for example, falls outside of the waiver’s protection. Additionally, business owners must look after the condition of their own property. For instance, in cases involving equipment like rock climbing, run-down, malfunctioning equipment isn’t part of your waiver. In this case, the business owners are negligent parties, and you have a personal injury claim.
Injuries caused by overly reckless actions can turn into a defective product, medical malpractice, car accident, or even wrongful death cases. The results of these types of injuries are too severe to ignore because of a simple product liability waiver. Take legal action and find a law firm representing clients in this practice area.
Your Waiver Doesn’t Matter if It’s Not in Your Own Power
Only certain people at certain times are eligible to sign a waiver. If you’re under 18 years old or under the influence, you cannot sign a waiver. The law protects these people based on the assumption that they do not have full legal knowledge of the situation as they currently are. If you signed a waiver, have personal injury cases, and fall under one of these conditions, you are not bound to the liability waiver.
Your Waiver Doesn’t Matter if It Was Designed to Confuse You
Maybe you read the liability waiver front to back and still signed it, even if you were confused. If you’re facing the consequences of that waiver now, you may still have a case. Some waivers are written to confuse you so that you’re not sure what you are agreeing to. In these situations, you may be able to claim that you were not able to give informed consent because of the wording in the waiver, giving you a shot at fair compensation.
Don’t just assume that you can handle a personal injury case without a personal injury attorney. The people who wrote the waiver you signed will protect themselves with every resource they have, including their legal team and an insurance company.
Get legal advice from our personal injury lawyer staff. Wettermark Keith handles cases across the Southeast, and we’re known for our ability to get our clients compensated quickly and easily in all cases from truck accidents to slip and fall.
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If you were hurt while participating in an activity that required you to sign a waiver, you may still be eligible to suit. The waiver does not guarantee that the company or person will not be sued if they were negligent in causing your damage. You may have a personal injury claim if the firm or individual exposed you to risky conditions that were not reasonably foreseen, or if they were negligent in maintaining safe equipment or property.
HERE'S WHAT TO DO NEXT
If you or a loved one have been injured and think you might have a case, call us now for a free consultation.