When participating in an outdoor event such as sky diving, rock climbing, or even signing up for a gym, you may be asked to sign a document titled “Waiver of Liability.” Most people often rush over appending their signs on this document before reading it. Many do not know that they could be signing away their rights with a stroke of a pen.
If you have been injured after signing a Waiver of Liability document, you’re probably wondering whether you can still sue the negligent party for compensation. The answer to that question is indefinite. That’s why you need to talk to our experienced Daytona Beach personal injury attorney, so you can understand your legal options.
A liability waiver or otherwise referred to as a release form is a legal document signed by a person to acknowledge the risks involved in an activity they intend to participate in. By signing the document, the person agrees to waive their right to sue the operator offering the activity in case of an injury.
Typical waiver forms have a set of clauses that individuals must assent to before participating in an activity. The most common clauses included in a liability release form include:
This clause states the participant’s acknowledgment of the risks inherent with a particular activity and that they will not hold the establishment offering the activity liable for injuries sustained in the event of an accident.
This clause states that the participant is willing to participate in a certain activity despite their knowledge of the risks and dangers the activity poses. Additionally, it states that the participant voluntarily assumes the responsibility for all the risks and dangers of the activity.
This clause is usually at the end of the liability waiver form and serves as a recap of the other provisions. It states that the participant has carefully reviewed the document and clarified any doubts before appending their signature. By signing this clause, it becomes challenging for a person to claim that they misunderstood the release form.
Florida law requires that a liability waiver uses clear and understandable language to the injured party to be enforceable. This ensures that a participant in the activity in question understands that they are giving up the right to sue for injuries caused by negligence by signing the document.
Any form of ambiguity or vagueness renders the waiver void. Your skilled Daytona Beach personal injury attorney can help you go through the waiver document to confirm if it meets the criteria.
By signing a liability waiver form, you only give up the right to sue for negligence claims. This means that if you are at a theme park and are injured because a park operator failed to follow due diligence, the liability waiver prevents you from filing a lawsuit.
However, this waiver is not valid for intentional torts or reckless misconduct. If a plaintiff can prove in court that an employee or the owner of a commercial activity provider’s conduct was intentionally aimed at injuring people or a person, the waiver can be termed as void.
sign waivers on behalf of a minor. This absolves the activity provider of any liability in case of an injury, property damage, or death resulting from inherent risks associated with the activity.
However, the liability waiver for minors does not protect the commercial activity providers from liability for injuries that result from risks not inherent to the activity. For instance, if a child participating in zip lining on a cruise ship accidentally slips on some accidental oil spill on the deck sustaining a fracture, the waiver would not apply.
Yes! However, the waiver must be well written and signed for the court to enforce it. In simple terms, the court will only throw the liability waiver out and allow you to sue the negligent party if you can prove that it failed to meet the set standards. This is best done with the help of a Daytona Beach personal injury attorney.
If you have suffered injuries after signing liability waiver forms, there could be a way out. Daytona Beach personal injury attorney Rick Kolodinsky of Rick Kolodinsky, P.A. has over three decades of invaluable experience in personal injury law and has mastered all the legal avenues possible to pursue a claim even after signing release forms.
Contact us online today or call us at 386-200-1866 for a free consultation today.
Mr. Kolodinsky has been honored by his induction into this prestigious nationwide organization of trial lawyers. Of some 900 lawyers in Volusia Country there are four lawyers so honored.
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