If you have been injured after signing a liability waiver, don’t just assume that you can’t hold the at-fault party accountable. It’s entirely possible that you may be able to file a personal injury lawsuit even after signing a liability waiver.
Before participating in a physical activity that could harm you, you likely have to sign a liability waiver. Carnival rides, group sports, marathons, skydiving– there are plenty of activities people do on a daily basis that require them to sign away liability. By signing these waivers, a certain party is removed from being liable in case you get injured, or perhaps even pass away, while using the facilities or doing the activity. Generally speaking, liability waivers include language that state that even if the party’s negligence caused the injury, the business or facility that hosted the activity would not be held accountable.
Liability waivers are, naturally, designed to protect institutions from being held accountable via a lawsuit for any injuries that occured on their premises. But, there are still some situations in which you can hold an institution accountable despite having signed a waiver. Read on to learn the situations in which you may still be able to sue someone, even if you signed a liability waiver before getting injured. And, if you have been hurt due to someone else’s negligence, remember to call Church and Page to see what your options are for justice.
Under What Circumstances Can I Sue Someone After Signing A Liability Waiver?
Gross negligence occurred on the premises: If gross negligence occurred during the time that you were injured, it may be possible that you can still sue for damages even though you signed a liability waiver. Gross negligence is defined as “a lack of care that demonstrates reckless disregard for the safety or lives of others, which is so great it appears to be a conscious violation of other people’s rights to safety. Gross negligence is a heightened degree of negligence representing an extreme departure from the ordinary standard of care.”
For example, a trampoline park may require that you sign a waiver stating that, if you get injured while using their facilities, they aren’t held liable for your medical care and won’t take any responsibility for the injuries. However, if the facilities are in extreme disarray, the trampolines are broken, floors are wet, slippery and unsafe, it may be able to be proven that the trampoline park was so grossly negligent that the waiver is irrelevant.
Ambiguous or confusing liability waiver: Additionally, there are cases in which the liability waiver was written ambiguously, and the injured party was able to sue for damages. For a liability waiver to actually be enforceable, the person who reads it and signs it must be able to fully understand its contents and understand what they’re getting into when they participate in the potentially harmful activities. In cases where the waiver was purposely ambiguous, difficult to understand or even confusing, the injured party may have the right to file a claim.
The liability waiver violates public policy: Liability waivers must adhere to Washington state public policy. If the liability waiver violates state or federal laws in any way, the facilities can be held accountable for the injuries that you sustained. In order to prove the liability waiver violates public policy in any way, you’ll need to enlist the help of a lawyer who understands state and federal policy as they apply to this unique situation. This can be incredibly hard to do on your own, so we recommend scheduling a free consultation with an attorney to discover what your options are.
Contact Church and Page Today If You Have Been Injured After Signing A Liability Waiver
If you have participated in some kind of activity for which you needed to sign a liability waiver, don’t just assume that you can’t hold anyone accountable for the injuries you sustained. You deserve justice for the injuries you have sustained, especially if the facility that provided the waiver was negligent, complacent, or careless in doing so.
WIth the help of a lawyer who has a broad understanding of Washington state and federal laws, you can leverage the law and policy in order to prove that the facilities were negligent, provided a confusing waiver, or even violated public policy in any way. It can seem hard to stand up to big companies by yourself but, with the help of a skilled personal injury attorney, you can fight back and get the justice you deserve for the injuries you wrongfully sustained.
Call Church and Page today to schedule a free, no obligation consultation regarding the accident you suffered–even if you signed a liability waiver.