Can You Pursue An Injur Claim After Signing A Liability Waiver?

One reason some folks don't pursue personal injury cases is that they've been told that something they signed included a liability waiver. For example, it's not uncommon for events like concerts and places like theme parks to include liability waivers with their tickets. Let's take a look at why you shouldn't let such a waiver keep you from seeking personal injury attorney services.

How Valid is the Waiver?

A variety of laws may invalidate a waiver. For example, many states have rules restricting what forms of liability can be waived and under what circumstances. Bring a copy of the waiver to a personal injury attorney so they can review what is supposed to be waived.

Is the Language Ambiguous?

Everything agreed to in a waiver has to be unambiguous and specific. In other words, a company can't just create a blanket waiver that says it's protected against "all claims." Instead, specific forms of liability have to be clearly named.

In the absence of specific and unambiguous language, the interpretation is legally supposed to favor the non-drafting party. For the vast majority of these cases, the victim had no role in drafting the waiver. Consequently, the victim is the beneficiary of any poorly worded language.

Likewise, there must be a clear and readable indication that a liability waiver is included with an agreement. Using extremely small print, for example, is an argument against a liability waiver because it doesn't draw the reader's eye to the text.

Does Strict Liability Apply?

Strict liability is a form of liability that applies to situations where society wants to deter dangerous or unprofessional conduct. In these cases, the core question isn't whether the defendant is liable but whether the claimant was harmed.

Suppose that a concert included onstage fireworks. These sorts of systems have to be operated by trained professionals, and those professionals accept strict liability for their work. If a concertgoer had been injured by the pyrotechnic display, it wouldn't matter whether there was a waiver in place because such licensed work is almost always covered by strict liability.

Was There Gross Negligence?

It is possible for so-called ordinary negligence to be waived. This is liability for unexpected occurrences, such as slip-and-fall incidents.

Grossly negligent conduct, however, can't we waived. Negligence is considered gross when it is so extreme that the average person would be outraged by it, such as knowingly letting defective electrical wiring go unrepaired,

These types of things can greatly influence a case, contact a personal injury attorney to learn more.