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Can I still file a lawsuit even if I signed a liability waiver?

On Behalf of | Jul 15, 2024 | Personal Injury

We encounter liability waivers more often than we might think. Whether you’re signing up for a gym membership, participating in an adventure sport or attending a special event, you might find yourself signing a waiver. This document aims to protect the service provider from potential lawsuits by acknowledging the risks involved. However, what if something goes wrong and you’re left with injuries or damages? Can you still file a lawsuit?

What liability waivers cover

A liability waiver is a legal document that aims to release a party from legal claims due to injuries or damages. Businesses often use these waivers to protect themselves from lawsuits. When you sign a waiver, you agree to take on certain risks associated with an activity.

When waivers don’t hold up

Contrary to popular belief, signing a liability waiver doesn’t always mean you’ve forfeited your right to legal action. In California, waivers cannot protect against gross negligence or intentional harm. This means if a company’s actions go beyond ordinary carelessness, you may still have grounds for a lawsuit. There are several factors that can render a liability waiver unenforceable, including:

  • Unclear language or fine print that’s difficult to read
  • Failure to explicitly state the rights being waived
  • Unequal bargaining power between parties
  • Public policy considerations

California law takes a nuanced approach to liability waivers. The courts consider both the clarity of the waiver and the nature of the incident.

What to do if you’ve signed a liability waiver

While liability waivers can provide some protection for service providers, they’re not a guarantee against lawsuits. Similarly, signing a liability waiver doesn’t necessarily bar you from seeking legal recourse if you get injured. If you’ve been hurt despite signing a waiver, it’s necessary to understand your rights. A knowledgeable professional can help you explore your options and advocate for you. If you have any questions regarding a liability waiver or your legal options after an injury has taken place, please contact The Law Office of Aman N. Shah for a free consultation.