Liability waivers are powerful documents. Under normal circumstances, they take precedence over the natural law, as the signer is willingly waiving their right to hold a second party liable for any injuries or damages that they may sustain. These are typically used in situations where the participant may be put at risk doing a potentially dangerous activity.
Of course, there are some guidelines. Before agreeing to the terms of any document and waiving their right to claim liability, a signer will want to know that every precaution was taken to prevent any injuries or other damages. The document itself must be clearly worded, without any hidden intentions or fine print, and specific in its applications and limitations. In other words, what does this apply to? What does it not apply to?
The waiver not only benefits the organization by protecting them from lawsuit down the road, but it also acts as an entry ticket. The organization is providing access to their goods or services in exchange for the agreement that you will not seek legal action in the future. Typically, this agreement is binding, and the waiver covers any sustained damages. But under what circumstances might waivers be made invalid? Is this even legally possible? The answer is yes, invalidating a waiver can be done under the right circumstances.
For example, though you’ve signed a document waiving all rights to a liability charge, the organization is still responsible for promoting safety and maintaining equipment. Whether that means additional safety staff or detailed instructional videos, they are responsible for upholding their end of the waiver agreement. Gross negligence is an obvious offense. Naturally, organizations cannot harm you intentionally, as that would negate the waiver immediately. The waiver must also be signed by a willing and knowledgeable participant. In other words, a participant cannot be forced or otherwise taken advantage of when signing. This includes waivers written using opaque legalese or hidden fine print.
If any of these requirements are breached, then the waiver can easily be made invalid. A personal injury lawyer will approach the incident from all possible angles, seeking ways to gain compensation for your injuries. The presence of a waiver makes this process more challenging but not impossible, especially if the organization is clearly at fault. If you’ve sustained an injury at the expense of a negligent third party, consider finding a lawyer. Our skilled attorneys here at Wayne Hardee Law would be glad to accept the challenge and help you receive due compensation. Visit our website and contact us today!