Many businesses require customers to sign liability waivers before participating in activities such as skiing, rock climbing, trampoline parks, gyms, and recreational sports. While these agreements are intended to limit a business’s legal liability, signing one does not necessarily prevent you from pursuing a personal injury claim.
Whether a liability waiver is enforceable depends on the language of the agreement, the facts of the incident, and the law in the state where the injury occurred.
Here’s what to know about how liability waivers work and when they may not be enforceable.
How Do Signed Liability Waivers Impact Personal Injury Cases?
A liability waiver, sometimes called a release of liability or assumption of risk agreement, is a legal contract in which a participant acknowledges certain risks associated with an activity and agrees to release the business from liability under specified circumstances.
Signing a liability waiver does not automatically prevent an injured person from filing a personal injury lawsuit. Instead, if a claim is filed, a court will determine whether the waiver is valid and enforceable based on the facts of the case and the applicable state law.
When evaluating a liability waiver, courts may consider factors such as:
- The language and scope of the waiver.
- Whether the waiver clearly describes the rights being released.
- Whether the participant knowingly and voluntarily signed the agreement.
- The laws of the state where the injury occurred.
- The circumstances surrounding the accident.
- Whether the injury resulted from an inherent risk of the activity or from the business’s alleged negligence.
The enforceability of liability waivers varies by jurisdiction. In many states, properly drafted waivers may be enforceable for certain claims involving ordinary negligence. However, depending on the applicable law, courts may decline to enforce a waiver in cases involving gross negligence, reckless conduct, intentional misconduct, or other circumstances recognized under state law or public policy.
Why Do Companies Require Liability Waivers?
Many businesses require customers to sign liability waivers before participating in activities that involve inherent risks, such as sports, fitness programs, and recreational attractions. These agreements are intended to help participants understand the risks involved while also helping businesses manage their potential legal exposure.
Businesses commonly use liability waivers to:
- Inform participants about the known risks of an activity.
- Help limit liability for certain injuries that may occur during participation.
- Reduce the likelihood of legal disputes and lawsuits.
- Support their overall risk management and insurance practices.
A signed liability waiver does not relieve a business of its responsibility to act with reasonable care. Businesses are generally still expected to maintain reasonably safe premises, inspect and maintain equipment, address known hazards, provide appropriate warnings when necessary, and comply with applicable safety laws and regulations. Whether a waiver is enforceable depends on the specific facts of the case, the language of the agreement, and the law of the state where the injury occurred.
Can a Company Be Held Liable if Someone Dies After Signing a Liability Waiver?
Yes, in some circumstances. A signed liability waiver does not automatically prevent a wrongful death claim.
Whether a business can be held liable depends on several factors, including:
- The language and scope of the liability waiver.
- The facts and circumstances surrounding the incident.
- The laws of the state where the injury or death occurred.
- Whether the waiver is valid and enforceable under applicable law.
A business may still face potential liability if a death was allegedly caused by:
- Unsafe property conditions.
- Defective or poorly maintained equipment.
- Negligent maintenance or repairs.
- Inadequate supervision or staffing.
- Failure to address known hazards.
- Other conduct that may give rise to legal responsibility under applicable law.
In many jurisdictions, courts also closely scrutinize liability waivers when claims involve allegations of gross negligence, reckless conduct, intentional misconduct, or other circumstances recognized under state law.
Case Study: A Liability Waiver Didn’t Prevent a $21 Million Verdict
In March 2022, 16-year-old Annie Miller was seriously injured after falling approximately 30 feet from the Paradise Express chairlift at Crested Butte Mountain Resort in Colorado, even though she had signed a liability waiver before skiing. Miller slipped from the chairlift and hung from the lift while her father and others yelled for operators to stop it. When the lift was not stopped in time, she fell onto hard-packed snow, leaving her permanently paralyzed.
The Colorado Supreme Court ruled that the waiver did not protect the resort from claims alleging violations of state safety laws. After the case returned to trial, a jury awarded Miller $21 million in damages.
This case is only one example and does not mean that every liability waiver is unenforceable or that every injured person will recover compensation. Whether a waiver will be upheld depends on the facts of the case, the language of the agreement, and the law of the state where the injury occurred.
What Should You Do If You Were Injured After Signing a Liability Waiver?
If you are injured after signing a liability waiver, consider taking the following steps:
- Seek medical attention as soon as possible.
- Report the incident to the business.
- Take photographs of the accident scene, any hazardous conditions, and your injuries, if it is safe to do so.
- Obtain contact information for any witnesses, if available.
- Keep a copy of any documents you signed, including the liability waiver.
- Consider speaking with a qualified personal injury attorney to understand your legal rights and options better.
Contact Our TORKLAW Signed Liability Waiver Attorneys
If you were injured after signing a liability waiver, don’t assume you have no legal options. Our signed liability waiver attorneys at TORKLAW understand that a signed waiver does not automatically prevent you from pursuing a personal injury claim. Whether a waiver is enforceable depends on the specific facts of your case, the language of the agreement, and the laws that apply where the incident occurred.
Our experienced attorneys at TORKLAW are prepared to:
- Review the circumstances surrounding your injury.
- Examine the signed liability waiver.
- Gather and evaluate relevant evidence.
- Explain how the applicable law may affect your case.
- Determine whether you may have a valid legal claim.
We understand that recovering from an injury can be physically, emotionally, and financially challenging. Our team is committed to providing compassionate guidance and personalized legal support throughout the legal process.
If you may have a valid claim, we’ll discuss your legal options, answer your questions, and help you make informed decisions about how to move forward.
Contact us today for a free consultation. There are no upfront legal fees, and you owe nothing unless we successfully recover compensation for you.
Frequently Asked Questions
If I signed a liability waiver, can I still file a lawsuit?
Possibly. A signed waiver does not automatically prevent a lawsuit. Whether you have a viable legal claim depends on the facts of your case, the language of the waiver, and the law of the applicable jurisdiction.
In some circumstances, a court may determine that a liability waiver is unenforceable. Depending on the facts and applicable law, this may occur if:
- The waiver contains illegal or unconscionable provisions.
- The language is unclear, ambiguous, or does not clearly explain the rights being waived.
- The waiver was obtained through fraud, misrepresentation, undue influence, or duress.
- The injuries were allegedly caused by gross negligence, reckless conduct, or intentional misconduct.
- The incident falls outside the scope of the waiver or involves conduct the waiver does not cover.
Our experienced personal injury attorneys at TORKLAW can review the liability waiver and the circumstances surrounding your injury to determine whether you may still have a valid legal claim.
Can I refuse to sign a liability waiver?
Yes. You are generally not required to sign a liability waiver. However, if signing the waiver is a condition of participation, the business or organization may refuse to allow you to participate in the activity if you choose not to sign.
Before signing, take time to read the waiver carefully so you understand the risks involved and the rights you may be giving up.
If you have questions about the language or are unsure whether to sign, consider asking for clarification or seeking legal advice.
Do liability waivers always hold up in court?
No. Liability waivers are not automatically enforceable.
Courts evaluate them based on whether the waiver clearly covers the type of incident that occurred, the facts of the case, and the applicable state law.
Factors that may affect whether a court enforces a liability waiver include:
- Whether the waiver clearly and unambiguously explains the rights being waived.
- Whether the waiver applies to the type of activity or incident that caused the injury.
- Whether the injured person claims the business acted with gross negligence, recklessness, or intentional misconduct.
- Whether the waiver was signed voluntarily and without fraud, misrepresentation, or duress.
- The laws of the state where the injury occurred.
Because liability waiver laws vary by state, some waivers are upheld while others may be found unenforceable depending on the specific facts and applicable law.
