Waivers Of Liability: They May Not Mean What You Think They Do
At one time or another, almost everyone has been asked to sign a waiver. Maybe it's when you join a gym, sign your daughter up for softball, or even when you rent a bounce house. Most people know that they must sign the waiver, so they sign it. It's safe to say that many people never get around to reading the waiver they signed—at least, until something happens.
What Is a Wavier of Liability?
These documents allow a business or an individual to shrug off legal responsibility when someone is hurt. The waivers usually say that the signer assumes all the risk and that they cannot take legal action against anyone for anything that could happen. For example, if you rent a picnic pavilion for the afternoon from the city park, you may be asked to sign a waiver saying that you understand that if anything happens, the city is not responsible for the damages. Damages, in this case, might mean medical expenses, lost wages, pain and suffering, and more. However, are such waivers really all that powerful?
Waivers Have Limits
Many people that end up being hurt will remember that they signed a waiver and are dissuaded from seeking compensation. Taking the above example, if the picnic pavilion collapses and injures people, some might think they can't take action. After all, they signed a waiver. However, waivers are not meant to cover everything under the sun but just things that might happen as a result of an accident. A collapsing pavilion was probably the result of negligence on the part of the city. They have a responsibility to provide safe facilities to users, regardless of waivers signed.
What to Do
Ordinary consumers are not expected to understand complex legal concepts like liability waivers and that is why any time they are hurt, they need to speak to a personal injury lawyer. Waivers do not allow a business to be excused from all forms of responsibility when the harm was caused by their lack of care for the facilities.
- If you are presented with a waiver, read it carefully and ask questions. If you have doubts, don't sign it and speak to a lawyer before you go any further.
- Waivers should be easy to understand and clear about the scope. If the waiver is attempting to overreach, it's probably not enforceable.
- Those presented with a waiver should realize that they must not depend entirely on another party to make things safe. It's still up to you to follow the rules, observe safety practices, and use caution in these circumstances.
Speak to a personal injury lawyer to find out more.