At TraumaLaw, we understand that accidents happen, even after signing a waiver of liability before participating in certain activities or using certain products. These waivers are often designed to protect companies and organizations from lawsuits in the event of injury. But what happens if you get injured despite signing a waiver of liability? You’re most likely wondering if you can still file a personal injury lawsuit.
Are Waivers of Liability Enforceable in California?
In California, waivers of liability can be enforceable, however, must meet certain conditions. For a waiver to hold up in court, it must be properly drafted with clear and explicit language about its scope. The text must be legible, visible, and not buried in fine print. Additionally, a waiver cannot legally waive claims that aren’t related to the activity or unknown risks.
One important aspect to understand is the assumption of risk doctrine. In some cases, even without a signed waiver, a defendant may be protected if the plaintiff voluntarily engages in an activity that inherently carries certain risks. For example, if someone chooses to hike a difficult, rocky path and injures themselves by tripping, it may be difficult to sue the owner of the trail, as the risks involved are inherent in the activity.
When Can You Sue After Signing a Waiver of Liability?
Although liability waivers may make it harder to pursue compensation, they are not always enforceable. There are several situations where a waiver may be invalid, including:
- Illegal or Unconscionable Terms: If the provisions of the waiver are deemed unfair or illegal, it may not be upheld.
- Unclear or Confusing Language: If the waiver is not written in a way that is easily understandable and explicit, it may not be valid.
- Deception or Fraud: If the waiver was signed under false pretenses, undue influence, or duress, it may be void.
- Gross Negligence or Intentional Misconduct: If the defendant’s actions were grossly negligent or intentional, the waiver may not shield them from liability.
- Inadequate Coverage: If the waiver does not cover the specific actions or risks that led to the injury, it may not apply.
If you’ve been injured despite signing a waiver, don’t assume you’re out of options. While a waiver may complicate the process, it doesn’t automatically eliminate your chance to seek compensation. It’s important to carefully assess whether the waiver was legally enforceable and if the injury was caused by negligence or misconduct.
Common Activities Requiring Liability Waivers in California
In California, many activities require individuals to sign waivers without them even realizing it. Some common scenarios include:
- Participating in extreme activities like bungee jumping or skydiving
- Signing up for a gym membership
- Renting equipment or vehicles, such as boats or jet skis
- Skiing or snowboarding
- Going on a cruise, attending concerts, or sporting events
These are just a few examples of situations where you may be asked to sign a waiver of liability. If you’re unsure whether you’ve signed a waiver or if it applies to your case, it’s important to consult with an experienced attorney.
How TraumaLaw Can Help
If you or a loved one has been injured after signing a waiver of liability, it doesn’t mean you can’t recover compensation. The skilled attorneys at TraumaLaw can help you navigate the complexities of liability waivers and assess whether the waiver is enforceable in your case. We’ll investigate the details of your injury, review the waiver, and fight to help you secure the compensation you deserve.
If you have questions about your case or need guidance, don’t hesitate to contact us at 866-608-3601. Our team is here to provide expert legal support and help you through this challenging time.
Remember, signing a waiver doesn’t always mean you’re out of options. At TraumaLaw, we can help you determine the best course of action for your situation.
