Waiver of Liability

A waiver of liability is a form used by businesses, organizations and individuals to protect them from being legally responsible for injuries sustained as a result of using their product, equipment or services. Waivers of liability are common for activities like, hockey, baseball, soccer, horseback riding, bungee jumping, sky diving, and other extreme sports and activities.

Waivers of liability work under the premise of assumption of risk .In other words, an individual understands the potential for injury by doing or not doing something and voluntarily gives up their right to take legal action to recover damages if they are injured; in this sense, they are assuming risk for whatever they are about to do or not do.

It is important to be aware that not all waivers of liability are enforceable. You see, reasonable and adequate warning must be provided to a participant or customer. Waivers generally are only enforceable when the waiver is properly worded in compliance with the law and when it can be proven that an injured participant truly understood the risks involved with the activity or equipment that resulted in injury. Waivers of liability are not meant to protect a company that is grossly negligent in maintaining their property or equipment, or is reckless in how their property or equipment is used.

For example, a sky diving company is required to maintain their equipment and make sure that parachutes are properly packed for people. If a person is injured as a result of poorly maintained equipment or an improperly packed parachute, the company may still be held liable for injuries, even if the injured person signed a waiver of liability.

If you have been injured while participating in a sport or other activity and aren’t sure if you can hold a business or organization legally responsible for the damages you sustained as a result of your injury, it is a good idea to contact a personal injury lawyer—even if you signed a waiver of liability to participate in the activity. A personal injury lawyer should be able to tell you what legal options are available to you and help get you on the road to justice.

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