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What To Know About Waivers And Liability

19 August 2022 by Richard Ramirez

Many people have probably lost count of all the waivers of liability they have signed in the past. Waivers can be a prerequisite for joining a gym, signing up your child to play soccer, and many other things. Even though, in most cases, nothing comes of the waiver, it's important to understand the meaning when an accident does occur.

What a Waiver Means

If you were to read a waiver, and few do, it mainly states that the provider of a service cannot be held financially responsible for accidents that occur. For a waiver to be enforceable, though, it must be legal and that usually means:

• They must use plain language that non-lawyer people can understand.
• They must usually be signed by the responsible party to be enforced; however, many waivers now contain language indicating that by purchasing a ticket or the like, you are agreeing to hold the business harmless.
• They must not be vague about the circumstances under which a claim can be filed.
• The waiver must not contain inaccurate information or state fraudulent facts.

Doing Your Due Diligence

The main thing a wavier should mean to you, however, is that it might indicate a history of problems with the party requesting your agreement. Ask questions about the waivers and find out why the waiver is being presented to you.

You don't have to sign a waiver right away, however, some places do put pressure on people to take action quickly or miss out on something. If you have time to have a lawyer look over the waiver before you sign it, do so.

Do some research before you join or sign up for something. Read reviews and see if you can inspect the facility. Ask about supervision issues, particularly if you are signing up your child for something.

Are Waivers Legal?

If you or a loved one is hurt or loses their life after signing a waiver, don't just assume you have no case. Not all waivers hold up in court. For example, a waiver cannot absolve a party of all responsibility. For example, if a gym fails to maintain its equipment and an injury occurs, the waiver likely means nothing. The gym still must do its part to make things safe for patrons.

When you or your child has been hurt, you may have a course of legal action regardless of any waiver you might have signed. Speak to a personal injury lawyer to find out more.

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